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Mood v. County of Orange

United States District Court, C.D. California

July 27, 2017

IVIN MOOD, Plaintiff,
v.
COUNTY OF ORANGE, et al., Defendants.

          ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND

          HON. KENLY KIYA KATO, United States Magistrate Judge

         I.

         INTRODUCTION

         Plaintiff Ivin Mood (“Plaintiff”), proceeding pro se and in forma pauperis, filed a First Amended Complaint (“FAC”) pursuant to 42 U.S.C. § 1983 (“Section 1983”). It appears Plaintiff is suing defendants County of Orange and City of Newport Beach (“Defendants”) for violations of Section 1983 arising out of an incident at Orange County Jail. As discussed below, the Court dismisses the FAC with leave to amend.

         II.

         PROCEDURAL HISTORY

         On April 28, 2017, Plaintiff filed a Complaint appearing to sue defendants County of Orange and Orange County Jail Deputy D. Lopes in his official capacity for violations of Section 1983 and state law arising out of an incident on April 30, 2016 at Santa Ana Central Jail. ECF Docket No. (“Dkt.”) 1, Compl.

         On May 18, 2017, the Court dismissed the Complaint for failure to state a claim and granted Plaintiff leave to amend. Dkt. 7.

         On June 5, 2017, Plaintiff filed the instant FAC suing Defendants.[1] Dkt. 8. Plaintiff alleges he was arrested without probable cause pursuant to a City of Newport Beach policy of arresting homeless persons without probable cause. Id. at 3-7. Plaintiff also alleges he suffered abuse when County of Orange sheriffs slammed his face into a jail cell window during intake at Orange County Jail pursuant to a County of Orange policy of excessive force. Id. at 2, 4-7.

         III.

         STANDARD OF REVIEW

         As Plaintiff is proceeding in forma pauperis, the Court must screen the Complaint and is required to dismiss the case at any time if it concludes the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998).

         In determining whether a complaint fails to state a claim for screening purposes, the Court applies the same pleading standard from Rule 8 of the Federal Rules of Civil Procedure (“Rule 8”) as it would when evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). Under Rule 8(a), a complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2).

         A complaint may be dismissed for failure to state a claim “where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.” Zamani v. Carnes, 491 F.3d 990, 996 (9th Cir. 2007) (citation omitted). In considering whether a complaint states a claim, a court must accept as true all of the material factual allegations in it. Hamilton v. Brown, 630 F.3d 889, 892-93 (9th Cir. 2011). However, the court need not accept as true “allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences.” In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008) (citation omitted). Although a complaint need not include detailed factual allegations, it “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Cook v. Brewer, 637 F.3d 1002, 1004 (9th Cir. 2011) (quoting Ashcroft v. Iqbal, 556 ...


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