Pierce v. San Mateo County

Filing 7

ORDER OF DISMISSAL WITH LEAVE TO AMEND. For the foregoing reasons, the Court orders as follows: The complaint is DISMISSED with leave to amend. Within twenty-eight (28) days of the date this order is filed, Plaintiff shall file an amended complaint u sing the court's form complaint. The amended complaint must include the caption and civil case number used in this order and the words AMENDED COMPLAINT on the first page and write in the case number for this action, Case No. C 12-05362 EJD (PR) . Failure to respond in accordance with this order by filing an amended complaint will result in the dismissal of this action without prejudice and without further notice to Plaintiff. The Clerk shall include two copies of the court's complaint with a copy of this order to Plaintiff. Signed by Judge Edward J. Davila on 12/6/2012. (Attachments: # 1 Form Habeas Complaint)(ecg, COURT STAFF) (Filed on 12/7/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RANDALL PIERCE,
Plaintiff,

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No. C 12-05362 EJD (PR)

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vs.

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SAN MATEO COUNTY,
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Defendant.
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ORDER OF DISMISSAL WITH LEAVE
TO AMEND

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On October 17, 2012, Plaintiff filed the instant civil rights action under 42 U.S.C.

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§ 1983. Plaintiff’s motion for leave to proceed in forma pauperis, (Docket No. 5), will be

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granted in a separate order.

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DISCUSSION
Plaintiff first filed a request for forms (Docket No. 1) and then a request for case

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related relief (Docket No. 4) that the Court construes as a complaint. The complaint

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simply states that Plaintiff seeks relief then includes thirteen pages of inmate appeals

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raising a wide range of different unrelated grievances. The appeals discuss his need for

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the law library, a request for a bible, envelopes and other miscellaneous requests.

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Plaintiff’s allegations are insufficient to state a claim. To state a claim under 42
Order of Service; Directing Ds to file Disp. Motion
G:\PRO-SE\SJ.EJD\1Shonda to Process\05362Pierce_dwlta.wpd

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U.S.C. § 1983, a plaintiff must allege that a person acting under the color of state law

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committed a violation of a right secured by the Constitution or laws of the United States.

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West v. Atkins, 487 U.S. 42, 48 (1988). Here, Plaintiff fails to meet either criteria as he

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does not identify any individual defendants nor sets forth any violations of a

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constitutional right.

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In the interest of justice, the complaint is DISMISSED WITH LEAVE TO

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AMEND. In his amended complaint, Plaintiff must identify defendants by name and state

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how each individual defendant violated a specific federal right.

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CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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The complaint is DISMISSED with leave to amend. Within twenty-eight (28)

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days of the date this order is filed, Plaintiff shall file an amended complaint using the

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court’s form complaint. The amended complaint must include the caption and civil case

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number used in this order and the words “AMENDED COMPLAINT” on the first page

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and write in the case number for this action, Case No. C 12-05362 EJD (PR).

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Failure to respond in accordance with this order by filing an amended

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complaint will result in the dismissal of this action without prejudice and without

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further notice to Plaintiff.

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The Clerk shall include two copies of the court’s complaint with a copy of this
order to Plaintiff.

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DATED:

12/6/2012

EDWARD J. DAVILA
United States District Judge

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Order of Service; Directing Ds to file Disp. Motion
G:\PRO-SE\SJ.EJD\1Shonda to Process\05362Pierce_dwlta.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

RANDALL PIERCE,

Case Number: CV12-05362 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
SAN MATEO COUNTY et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 7, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Randall Pierce 1082515
Maguire Correctional
300 Bradford Street
Redwood City, CA 94063
Dated: December 7, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk