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Contreras v. Moreno

January 20, 2009

ROCKY MEL CONTRERAS, PLAINTIFF,
v.
ERNIE MORENO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND

Plaintiff Rocky Mel Contreras, appearing pro se and proceeding in forma pauperis, filed this civil rights and employment discrimination action on January 14, 2009. He names Ernie Moreno and Albright Electric, Inc., as Defendants.

DISCUSSION

A. Screening Standard

Pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of the complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof if the court determines that the action is legally "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies of the complaint can be cured by amendment.

In reviewing a complaint under this standard, the Court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Trustees of Rex Hospital, 425 U.S. 738, 740 (1976), construe the pro se pleadings liberally in the light most favorable to the Plaintiff, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and resolve all doubts in the Plaintiff's favor, Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).

Fed. R. Civ. P. 8(a) provides:

A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded.

A complaint must contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity overt acts which the defendants engaged in that support Plaintiff's claim. Id. Although a complaint need not outline all elements of a claim, it must be possible to infer from the allegations that all elements exist and that there is entitlement to relief under some viable legal theory. Walker v. South Cent. Bell Telephone Co., 904 F.2d 275, 277 (5th Cir. 1990); Lewis v. ACB Business Service, Inc., 135 F.3d 389, 405-06 (6th Cir. 1998).

B. Plaintiff's Allegations

Plaintiff's one-page complaint is severely lacking in details. He appears to be alleging claims for gender discrimination under Title VII of the Civil Rights Act of 1964, and violations of his civil rights under 42 U.S.C. § 1983. Plaintiff names both Ernie Moreno and Albright Electric, Inc. in the caption of the complaint, and alleges that "Ernie Moreno (Foreman) representative of Albright Electric, Inc." violated Title VII and Plaintiff's equal protection and due process rights.

Although Plaintiff cites to numerous cases, his factual allegations are sparse. His sole allegation is that "Defendant threatened [him] and is preventing [him] from entering a public parking area." Plaintiff alleges that he has suffered "mentally and emotionally due to the Defendant's threat and abuse of [his] federally protected rights."

C. Analysis

Plaintiff's Complaint is deficient under Rule 8, which requires enough factual detail to give Defendants fair notice of the allegations against them. Plaintiff provides only a vague, one-sentence explanation of his claim, which insufficient to apprise Defendants of his claims. ...


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