Cadena v. Johnson ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 VICTOR CADENA, 11 Case No. 19-cv-02684-RS (PR) Plaintiff, 12 v. ORDER OF DISMISSAL 13 SCOTT CUPP, et al., 14 Defendants. 15 16 17 This 42 U.S.C. § 1983 suit is DISMISSED because plaintiff has not complied with 18 federal pleading rules or with the Court’s repeated instructions to follow those rules. 19 Federal pleading rules require that claims be based on “the same transaction, occurrence, 20 or series of transactions or occurrences” and pose a “question of law or fact common to all 21 defendants.” Fed. R. Civ. P. 20(a)(2). They also require that a complaint “contain 22 sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its 23 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. 24 Twombly, 550 U.S. 544, 570 (2007)). 25 Plaintiff’s current complaint contains many unrelated and conclusory claims of 26 retaliation, harassment, improper cell searches, placement in cells without pillows or 27 bedding, etc. One defendant he names, Cupp, was not involved in the other defendant’s 1 He speaks of two cell searches, but the second is not tied to any defendant. These 2 || allegations of a single cell search — the second not having been linked to any defendant — 3 || do not state a claim for relief. Plaintiff has not alleged any specific facts indicating it was 4 || an unjustified search. Federal pleading rules require factual allegations that indicate 5 || “more than a sheer possibility that a defendant has acted unlawfully.” Igbal, 556 U.S. at 6 || 678. Plaintiff also mentions a wrong committed against another inmate that did not affect 7 || or damage plaintiff at all. Furthermore, in none of these claims does plaintiff identify 8 || which constitutional rights were violated. 9 The Court has provided plaintiff with two prior warnings that his complaints are 10 || deficient, and has given plaintiff two opportunities to cure these deficiencies. (Dkt. Nos. 7 11 || and 10.) If plaintiff believes he can comply with federal pleading rules to narrow his 2 claims and provide sufficient factual detail to state a claim for relief, he may file an 5 13 || amended complaint. S 14 This suit is DISMISSED without prejudice. The Clerk shall enter judgment in favor 3 15 of defendants, and close the file. A 16 IT IS SO ORDERED. = 17 Dated: February 6, 2020 19 United States District Judge 20 21 22 23 24 25 26 27 28 ORDER OF DISMISSAL . CASE No. 19-cv-02684-RS