Holden v. Jennings et al
Filing
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ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 8/20/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 8/20/2012)
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*E-Filed 8/20/12*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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ARTHUR L. HOLDEN,
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Plaintiff,
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No. C 12-1869 RS (PR)
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
v.
JUDGE JENNINGS, et al.,
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Defendants.
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/
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INTRODUCTION
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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state
prisoner. The Court now reviews the complaint pursuant to 28 U.S.C. § 1915A(a).
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DISCUSSION
A.
Standard of Review
A federal court must conduct a preliminary screening in any case in which a prisoner
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seeks redress from a governmental entity or officer or employee of a governmental entity.
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See 28 U.S.C. § 1915A(a). In its review, the Court must identify any cognizable claims and
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dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may
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No. C 12-1869 RS (PR)
ORDER DISMISSING COMPLAINT
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be granted or seek monetary relief from a defendant who is immune from such relief. See id.
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§ 1915A(b)(1),(2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica
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Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
A “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim
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to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)
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(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial
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plausibility when the plaintiff pleads factual content that allows the court to draw the
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reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting
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Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal conclusions
United States District Court
For the Northern District of California
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cast in the form of factual allegations if those conclusions cannot reasonably be drawn from
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the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754–55 (9th Cir. 1994).
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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements:
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(1) that a right secured by the Constitution or laws of the United States was violated, and
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(2) that the alleged violation was committed by a person acting under the color of state law.
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See West v. Atkins, 487 U.S. 42, 48 (1988).
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B.
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Legal Claims
The complaint comprises a confusing group of unrelated claims. Plaintiff appears to
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allege that while incarcerated in Martinez, California he was served bad food, was beaten up
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by police officers, and that state judges violated his rights. Because the complaint is difficult
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to read and the claims are difficult to discern, plaintiff must file an amended complaint in
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which he states clearly (and legibly) the names of each defendant, the specific acts the named
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defendant took, where each incident occurred, and on which date they occurred.
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Accordingly, the complaint is DISMISSED with leave to amend. Plaintiff shall file an
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amended complaint within 30 days from the date this order is filed. The first amended
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complaint must address all the deficiencies listed above, and include the caption and civil
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case number used in this order (12-1869 RS (PR)) and the words FIRST AMENDED
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COMPLAINT on the first page. Because an amended complaint completely replaces the
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No. C 12-1869 RS (PR)
ORDER DISMISSING COMPLAINT
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previous complaints, plaintiff must include in his first amended complaint all the claims he
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wishes to present and all of the defendants he wishes to sue. See Ferdik v. Bonzelet, 963
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F.2d 1258, 1262 (9th Cir. 1992). Plaintiff may not incorporate material from the prior
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complaint by reference. Failure to file an amended complaint in accordance with this order
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will result in dismissal of this action without further notice to plaintiff.
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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court
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informed of any change of address by filing a separate paper with the clerk headed “Notice
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of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask
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for an extension of time to do so. Failure to comply may result in the dismissal of this action
United States District Court
For the Northern District of California
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pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
DATED: August 20, 2012
RICHARD SEEBORG
United States District Judge
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No. C 12-1869 RS (PR)
ORDER DISMISSING COMPLAINT
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