United States District Court, E.D. California
LESLIE J. GAINES, JR., Plaintiff,
STU SHERMAN Warden, et al., Defendants.
SECOND DISMISSAL ORDER
R. BEISTLINE UNITED STATES DISTRICT JUDGE
Leslie J. Gaines, Jr., a California state prisoner appearing
pro se and in forma pauperis, brought this
civil rights action under the Civil Rights Act (42 U.S.C.
§ 1983), the Americans With Disabilities Act
("ADA") (42 U.S.C. §§ 12101, et
seq.), the Religious Land Use and Institutionalized
Persons Act ("RLUIPA") (42 U.S.C. § 2000cc),
and the California Unruh Act (Cal. Civ. Code § 51)
against various officials of the California Department of
Corrections and Rehabilitation.
Court dismissed the Complaint with leave to
amend. Pending before the Court is the Amended
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. The court having set forth
that standard in its prior Dismissal Order does not repeat
the Court notes that Gaines has disregarded the explicit
instructions given by the Court in the first Dismissal Order
with respect to the format and facts necessary to be alleged.
A Court may dismiss an action on its own volition for the
failure to follow a court order. Furthermore, as presently
constituted the Amended Complaint reads like a short story,
not a complaint. For the most part the allegations of the
Amended Complaint are not only conclusory devoid of a factual
basis, but conjecture and speculation bearing little, if any,
relevance to a possible Constitutional violation.
Accordingly, the Amended Complaint is also deficient.
Amended Complaint is hereby DISMISSED in it entirety with
leave to amend to the extent that the Court permitted
amendment in its initial Dismissal Order.
is granted through and including Monday, August 15, 2016,
within which to file a Second Amended Complaint consistent
with this Order. In preparing his Second Amended Complaint,
Adhere to the Federal Rules of Civil Procedure regarding
pleadings, in particular, Rule 8(a), which provides-
(a) CLAIM FOR RELIEF. A pleading that states a claim for
relief must contain:
(1) a short and plain statement of the grounds for the
court's jurisdiction, unless the court already has
jurisdiction and the claim needs ...