(PS)Murphy v. Allstate Insurance Company ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON O. MURPHY, SR., Case No. 2:20-cv-00753-KJM-JDP 12 Plaintiff, SCREENING ORDER 13 v. FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S FIRST AMENDED 14 ALLSTATE INSURANCE COMPANY, COMPLAINT BE DISMISSED FOR FAILURE TO STATE A CLAIM WITHOUT 15 Defendant. LEAVE TO AMEND 16 ECF No. 9 17 OBJECTIONS DUE WITHIN FOURTEEN DAYS 18 19 Plaintiff originally filed this action against Allstate Insurance Company, alleging that 20 defendant had failed to pay benefits in accordance with his insurance policy. That complaint did 21 not establish subject matter jurisdiction and failed to state a claim, but plaintiff was given leave to 22 amend. ECF No. 6. Plaintiff’s first amended complaint, ECF No. 9, is before the court for 23 screening under 28 U.S.C. § 1915(e)(2). Plaintiff’s first amended complaint also fails to state a 24 claim upon which relief can be granted, and I recommend that it be dismissed without leave to 25 amend. 26 27 28 1 Discussion 2 A complaint must contain a short and plain statement that plaintiff is entitled to relief. 3 Fed. R. Civ. P. 8(a)(2). The complaint must provide enough facts to state a claim to relief that is 4 plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Plausibility does not 5 require detailed allegations, but legal conclusions will not suffice. Ashcroft v. Iqbal, 556 U.S. 6 662, 678 (2009). If the allegations do not permit the court to infer more than the mere possibility 7 of misconduct, the complaint states no claim. Id. at 679. A court shall dismiss the case at any 8 time if the court determines that the action fails to state a claim on which relief may be granted. 9 28 U.S.C. § 1915(e)(2)(ii). 10 The court construes a pro se litigant’s complaint liberally. Haines v. Kerner, 404 U.S. 11 519, 520 (1972). A court may dismiss a pro se litigant’s complaint only “if it appears beyond 12 doubt that the plaintiff can prove no set of facts in support of her claim which would entitle him 13 to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017) (quoting Nordstrom v. 14 Ryan, 762 F.3d 903, 908 (9th Cir. 2014)). 15 Plaintiff’s first amended complaint is significantly different from his original complaint. 16 As in the original complaint, page one of the first amended complaint identifies Allstate Insurance 17 Company in the caption, but plaintiff’s first amended complaint contains no allegations against 18 Allstate Insurance Company. ECF No. 9 at 1. On page four of the first amended complaint, 19 plaintiff identifies this court’s Office of the Clerk in another caption. Id. at 4. Plaintiff asserts 20 that the court has negligently handled his case. Id. at 5. However, clerks are clothed by absolute 21 quasi-judicial immunity when they perform tasks that are an integral part of the judicial process. 22 Duvall v. City of Kitsap, 260 F.3d 1124, 1133 (9th Cir. 2001). Even construing plaintiff’s first 23 amended complaint liberally, it fails to state a claim. Plaintiff has already been given leave to 24 amend, and further leave to amend would be futile. 25 Accordingly, it is hereby recommended that: 26 1. Plaintiff’s complaint be dismissed for failure to state a claim, without leave to amend. 27 2. The Clerk of Court be directed to close this case. 28 3. All pending matters, ECF No. 10, be denied as moot. 1 I submit these findings and recommendations to the district judge under 2 1 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States 3 | District Court, Eastern District of California. Within 14 days of the service of the findings and 4 | recommendations, the parties may file written objections with the court and serve a copy on all 5 | parties. That document should be captioned “Objections to Magistrate Judge’s Findings and 6 | Recommendations.” The district judge will review the findings and recommendations under 28 7 | US.C. § 636(b)(1)(C). 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ September 14, 2021 Q_——. 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28