ORDER AND FINDINGS AND RECOMMENDATIONS
ALLISON CLAIRE, Magistrate Judge.
This matter is before the Court on defendant's Motion to Dismiss, scheduled for hearing on June 21, 2017. ECF No. 16. In response to defendant's motion, plaintiff filed a Statement of Non-Opposition. ECF No. 17. Having considered the unopposed arguments submitted by defendant, the court VACATES the June 21, 2017 hearing and recommends that defendant's motion be GRANTED and this case be DISMISSED with leave to file an amended complaint within 30 days of this order.
Plaintiff, proceeding pro se, filed his complaint on December 18, 2016. ECF No. 1. In his complaint, plaintiff alleges that in 2014, he noticed that he was being followed and stalked by a woman he had gone to high school with.
On May 27, 2015, plaintiff states that he submitted a Sacramento County Sheriff's Department Citizen Complaint Form about the March 23rd incident.
Plaintiff alleges that his high school classmate continues to stalk him, "following and watching in the company of Sheriff unmarked vehicles[.]"
Plaintiff presents several claims that are apparently based on the March 23, 2015 incident between plaintiff and defendant. These claims include Assault (First Cause of Action), Unlawful Arrest (Third Cause of Action), Excessive Force (Fourth Cause of Action), Battery (Fifth Cause of Action), and False Imprisonment (Sixth Cause of Action). Plaintiff makes two other claims related to the alleged publication of information about him, which he alleges resulted in widespread mockery. These claims include Defamation (Seventh Cause of Action), and Slander (Second Cause of Action). On May 15, 2017, defendant filed a motion to dismiss plaintiff's complaint in its entirety. ECF No. 16. Plaintiff filed a statement of non-opposition to the motion. ECF No. 17.
Motion to Dismiss Standard
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'"
Plaintiff's Claims Related to the March 23, 2015 Incident Were Already Settled and Released
Plaintiff's claims related to the March 23, 2015 incident with defendant should be dismissed because plaintiff previously settled and released all claims against defendant. Plaintiff's claims related to the March 23, 2015 incident include his claims for Assault (First Cause of Action), Unlawful Arrest (Third Cause of Action), Excessive Force (Fourth Cause of Action), Battery (Fifth Cause of Action), and False Imprisonment (Sixth Cause of Action). Plaintiff's complaint alleges on its face that he settled, was compensated for, and released all claims related to the March 23, 2015 incident. ECF No. 1 at 6. Defendant presents the settlement and release as grounds for dismissal, and plaintiff does not object. ECF No. 16-1 at 11, 13, 14.
Accordingly, plaintiff's claims should be dismissed.
Plaintiff's Claims for Defamation and Slander Fail to State a Claim
The only claims plaintiff brings that he does not allege were previously released are for Defamation (Seventh Cause of Action) and Slander (Second Cause of Action). To properly allege a claim of slander, a plaintiff must allege the substance of the defamatory statement.
IV. PRO SE PLAINTIFF'S SUMMARY
The Magistrate Judge is recommending dismissal of the complaint. Defendant asked the Magistrate Judge to dismiss the complaint, and plaintiff said he did not oppose dismissal. The complaint is being dismissed for two reasons. First, plaintiff and defendant seem to agree that all of the claims related to the March 23, 2015 incident were settled and that plaintiff agreed that he cannot bring any more claims based on this incident. Second, with respect to plaintiff's slander and defamation claims, plaintiff did not allege any particular defamatory or slanderous statements that were made, or who made them. For this reason, plaintiff did not state a claim for slander or defamation. Although the Magistrate Judge is recommending that the complaint be dismissed, plaintiff will be allowed 30 days to file an amended complaint. The amended complaint should comply with the instructions below. Failure to file an amended complaint will result in this case being closed.
V. AMENDING THE COMPLAINT
Plaintiff will be provided an opportunity to amend his complaint. The court will therefore provide guidance for amendment.
The amended complaint must contain a short and plain statement of plaintiff's claims. Plaintiff must allege facts showing that each of the elements of every cause of action, set forth above at part III, are met. For defamation and slander, plaintiff must provide enough information to put defendant on notice and allow him to prepare a defense. If plaintiff includes any claims related to the March 23, 2015 incident, he must also explain why the settlement and release does not bar them.
The allegations of the complaint must be set forth in sequentially numbered paragraphs, with each paragraph number being one greater than the one before, each paragraph having its own number, and no paragraph number being repeated anywhere in the complaint. Each paragraph should be limited "to a single set of circumstances" where possible. Fed. R. Civ. P. 10(b). Forms are available to help the plaintiff organize his complaint in the proper way. They are available at the Clerk's Office, 501 I Street, 4th Floor (Rm. 4-200), Sacramento, CA 95814, or online at
Plaintiff must avoid excessive repetition of the same allegations. Plaintiff must avoid narrative and storytelling. That is, the complaint should not include every detail of what happened, nor recount the details of conversations (unless necessary to establish the claim), nor give a running account of plaintiff's hopes and thoughts. Rather, the amended complaint should contain only those facts needed to show how the defendant legally wronged the plaintiff.
The amended complaint must not force the court and the defendants to guess at what is being alleged against whom.
Also, the amended complaint must not refer to a prior pleading in order to make plaintiff's amended complaint complete. An amended complaint must be complete in itself without reference to any prior pleading. Local Rule 220. This is because, as a general rule, an amended complaint supersedes the original complaint.
The hearing on this matter set for June 21, 2017 is VACATED. The undersigned recommends that defendant's motion to dismiss be GRANTED and that plaintiff's complaint be DISMISSED with 30 days to file an amended complaint.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty one days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties.