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Latronica v. Halfhill

United States District Court, N.D. California

February 4, 2015

MELANIE CHANTELL LATRONICA, Plaintiff,
v.
MARTIN O. HALFHILL, et al., Defendants.

ORDER GRANTING MOTION OF DEFENDANT CITY OF MODESTO TO DISMISS FIRST AMENDED COMPLAINT

YVONNE GONZALEZ ROGERS, District Judge.

Plaintiff Melanie Chantell Latronica ("Latronica") filed her original complaint in this action on September 19, 2014, along with a request to proceed in forma pauperis. The Court, in its Order of September 30, 2014, denied plaintiff's request to proceed in forma pauperis without prejudice and dismissed her case with leave to amend. (Dkt. No. 9.) As the Court outlined in that Order, the complaint stated no discernible basis for subject matter jurisdiction and was largely unintelligible as to the nature of any claim, the basis for that claim, and against whom the claim was stated. Latronica was given leave to amend.

Latronica thereafter paid the filing fee and filed her First Amended Complaint on October 28, 2014. (Dkt. No. 18.) On November 20, 2014, Defendant City of Modesto filed its Motion to Dismiss. (Dkt. No. 26.) On November 21, 2015, the Court issued an Order To Show Cause the claims in the First Amended Complaint should not be dismissed for lack of subject matter jurisdiction under 28 U.S.C. ยงยง 1331 and 1332, which required her to file a written response no later than December 22, 2014. (Dkt. No. 27.)

Plaintiff has filed a number of documents since that date, including:

(1) Notice of Motion for Hearing Request for Order Judicial Notice/Expedited Preliminary Injunction/Temporary Restraining Order (Dkt. No. 29, filed December 10, 2014);

(2) Declaration Notice to Court Pertaining to Order September 29, 2014 Pertaining to Plaintiffs Consent to Proceed before the Magistrate Judge and new Consent signed mailed with this Declaration (Dkt. No. 31, filed December 10, 2014);

(3) Request for Entry of Default (Dkt. No. 37, filed December 16, 2014);

(4) Motion for Entry of Default (Dkt. Nos. 37, filed December 16, 2014);

(5) Motion for Default Judgment (Dkt. No. 38, filed December 16, 2014;

(6) "Opposition to City of Modesto's Motion to dismiss case against Defendant Modesto et all (County Seal) Affidavit in Support Thereof" (Dkt. No. 41, filed December 22, 2014)[1];

(7) "Declaration Notice to Court: Informing about the poisons to name only a few there's more" (Dkt. No. 42, filed December 22, 2014);

(8) "Motion Declaration to Honorable Court in light of....[sic]" (Dkt. No. 43, filed January 2, 2015);

(9) Motion for Entry of Default and Motion for Default Judgment (against all defendants) (Dkt. Nos. 46, ...


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