CAMPBELL v. 992 PERALTA LLC

Case No. 17-cv-00189-YGR.

ARLENE CAMPBELL, Plaintiff, v. 992 PERALTA LLC, Defendant.

United States District Court, N.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 446 American with Disabilities - Other
Source: PACER


Attorney(s) appearing for the Case

Arlene Campbell, Plaintiff, Pro Se.


ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM

Re: Dkt. No. 5.

YVONNE GONZALEZ ROGERS, District Judge.

On January 25, 2017, the Court granted plaintiff's application to proceed in forma pauperis, and dismissed her complaint for failure to state any claims upon which relief could be granted. (Dkt. No. 4.) In an abundance of caution, the Court gave plaintiff leave to file an amended complaint no later than February 24, 2017. (Id.) Plaintiff filed an amended complaint on that date.

The in forma pauperis statute provides that a court shall dismiss any action proceeding in forma pauperis "at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) ("It is also clear that section 1915(e) not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim."). The Court finds that the complaint is plagued with the same deficiencies that warranted dismissal in the first instance. Plaintiff appears to claim that federal jurisdiction exists under the Endangered Species Act and the American Disabilities Act, yet alleges no facts to support claims under the same or under any viable cause of action. Thus, the Court finds that plaintiff has not alleged any cognizable claims, nor has she shown that this Court would properly have subject matter jurisdiction, in any event.

Accordingly, and because the Court finds that amendment here would be futile, the Court DISMISSES the instant action without leave to amend.

This Order terminates the action, and the Clerk shall close the file.

IT IS SO ORDERED.


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