Logan v. State Farm

Filing 12

ORDER dismissing with leave to amend 11 Amended Complaint filed by Charles W. Logan. Initial Case Management Conference continued to 11/14/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Case Management Statement due by 11/7/2017. Signed by Judge Kandis A. Westmore on 9/14/2017. (kawlc1, COURT STAFF) (Filed on 9/14/2017) (Additional attachment(s) added on 9/14/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES W. LOGAN,
Plaintiff,

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United States District Court
Northern District of California

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v.
STATE FARM,
Defendant.

Case No. 4:17-cv-03031-KAW
ORDER DISMISSING FIRST
AMENDED COMPLAINT WITH
LEAVE TO AMEND; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE
Re: Dkt. No. 11

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On July 27, 2017, the Court dismissed Plaintiff Charles W. Logan’s original complaint

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with leave to amend pursuant to 28 U.S.C. § 1915(e)(2), as he failed to state a claim upon which

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relief may be granted. (Dkt. No. 9.) On August 14, 2017, Plaintiff filed a first amended complaint,

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which suffers from the same deficiencies as the original complaint. (First Am. Compl., “FAC,”

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Dkt. No. 11.) Specifically, it is unclear from the facts alleged how the district court has

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jurisdiction over the subject matter, particularly given that the attachments imply that the case

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stems from a car accident. It is also unclear who the defendants are, aside from State Farm, and

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which claims are alleged against them.

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In light of the foregoing, pursuant to its authority under 28 U.S.C. § 1915(e)(2), the Court

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dismisses Plaintiff’s first amended complaint with leave to amend. Plaintiff shall file the second

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amended complaint no later than October 6, 2017 or the case may be dismissed with prejudice.

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Plaintiff is asked to restrict the facts in the second amended complaint to the car accident, and

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refrain from general allegations of a government conspiracy.

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In amending his complaint, Plaintiff is again referred to the Federal Pro Bono Project’s

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Help Desk for assistance—a free service for pro se litigants—by calling [phone] to make

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an appointment. While the Help Desk cannot represent Plaintiff, a licensed attorney may assist

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him with determining which claims are potentially actionable, as well as how to properly format

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the second amended complaint so that the causes of action are properly pled. Appointments are

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available at the San Francisco and Oakland courthouses. Plaintiff is advised that the failure to

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state a claim in the second amended complaint may result in the entire case being dismissed.

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Additionally, the case management conference noticed for October 17, 2017 is continued

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to November 14, 2017 at 1:30 p.m. in Courtroom 4, 1301 Clay Street, Oakland, California. The

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case management conference statement is due by November 7, 2017.

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IT IS SO ORDERED.
Dated: September 14, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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