This case, in which plaintiff is proceeding in propria persona, was referred to the undersigned pursuant to E. D. Cal. L. R. 72-302(c)(21), and 28 U.S.C. § 636(b)(1), upon transfer from the U.S. District Court for the Northern District of California, on February 10, 2009.
Presently pending are the following matters: plaintiff's request to proceed in forma pauperis, plaintiff's request for appointment of counsel, plaintiff's request to be exempt from filing papers in electronic format, and plaintiff's request that this case be transferred back to the Northern District. The court addresses each of these matters.
The U.S. District Court for the Northern District of California properly transferred this action to this court based on venue considerations. As found by the Northern District, defendant Vacaville Housing Authority is located in Vacaville, within the Eastern District of California, and the events described in the complaint occurred entirely within this district. Additionally, while plaintiff now states that she is homeless and receives her mail at a Berkeley post office, she lived in Vacaville when she filed her complaint. Thus, venue is proper in this court, where the case shall remain. See 28 U.S.C. § 1391(b)(1).
Accordingly, plaintiff's request to transfer venue back to the U.S. District Court for the Northern District of California, Dckt. No. 23, will be denied.
The affidavit submitted by plaintiff, in support of her application to proceed in forma pauperis, makes the showing required by 28 U.S.C. § 1915(a)(1). Accordingly, plaintiff's request to proceed in forma pauperis, Dckt. No. 2, will be granted.
This determination does not complete the required inquiry under the in forma pauperis statute. Pursuant to 28 U.S.C. § 1915(e)(2), the court is directed to dismiss the case at any time if it determines the allegation of poverty is untrue, or the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant.
A complaint, or portion thereof, should be dismissed for failure to state a claim if it fails to set forth "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 554, 562-563 (2007) (Fed. R. Civ. P. 12(b)(6)). To avoid dismissal, the complaint must set forth "more than labels and conclusions" or a "formulaic recitation of the elements of a cause of action." Id. at 555. Rather, the "[f]actual allegations must be enough to raise a right to relief above the speculative level . . . on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. (emphasis omitted). Dismissal is appropriate based either on the lack of cognizable legal theories or the lack of pleading sufficient facts to support cognizable legal theories. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor, Jenkins v. McKeithen, 395 U.S. 411, 421 (1969). Additionally, although pro se pleadings are liberally construed, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), a pro se plaintiff must satisfy the pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure. Rule 8(a)(2) "requires a complaint to include a short and plain statement of the claim showing that the pleader is entitled to relief," "in order to 'give the defendant fair notice of what . . . the claim is and the grounds upon which it rests.'" Bell Atlantic Corp., supra, 550 U.S. at 555 (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
Review of plaintiff's complaint demonstrates that it meets these standards, subject to the exception noted below. The complaint alleges that defendant Vacaville Housing Authority ("VHA") discriminated against plaintiff on the basis of her national origin and physical disability, when it denied her continued participation in a "Section 8" housing assistance program (U.S. Housing Act, United States Code, Title 42, Section 8), based on administrative findings that she had failed to disclose certain financial information. Plaintiff alleges prima facie claims that VHA actions violated the Americans with Disabilities Act and the Civil Rights Act of 1964.
However, in a separate document entitled, "Notice of additional legal argument," plaintiff has added subsequent facts and a claim pursuant to the California Dymally-Alatorre Bilingual Services Act (Cal. Gov't Code §§ 7290-7299.8). See Dckt. No. 20. These additional claims may not be asserted in a separate document. Rather, they must be combined with the facts and claims set forth in plaintiff's original pleading, and filed as one document in an Amended Complaint.*fn1
This will require plaintiff to redraft the complaint to include the claims of each document in a single, stand-alone document.
Accordingly, plaintiff's complaint will be dismissed without prejudice, and plaintiff will be granted leave to file an amended complaint within thirty ...