United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF
ACTION WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM, FAILURE
TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE (DOC. NO.
Shermarrie Rivers ("Plaintiff) is proceeding pro se and
in forma pauperis in this civil action. (Doc. No. 1.)
October 8, 2019, the Court screened Plaintiffs complaint
pursuant to 28 U.S.C. § 1915(e)(2) and granted her leave
to file an amended complaint within thirty (30) days. (Doc.
No. 7.) Plaintiff was warned expressly that if she failed to
comply with the Court's order, then the Court would
recommend dismissal of this action. (Id. at 9.) More
than thirty (30) days have passed and no amended complaint
has been filed.
Failure to State a Claim
Court screens complaints brought by persons proceeding in pro
se and in forma pauperis. 28 U.S.C. § 1915(e)(2).
Plaintiffs complaint, or any portion thereof, is subject to
dismissal if it is frivolous or malicious, if it fails to
state a claim upon which relief may be granted, or if it
seeks monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B)(ii).
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). Detailed factual allegations
are not required, but "[t]hreadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice." Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v.
Twomblv. 550 U.S. 544, 555 (2007)). While a plaintiffs
allegations are taken as true, courts "are not required
to indulge unwarranted inferences." Doe I v. Wal-Mart
Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal
quotation marks and citation omitted).
survive screening, Plaintiffs claims must be facially
plausible, which requires sufficient factual detail to allow
the Court to reasonably infer that each named defendant is
liable for the misconduct alleged. Iqbal, 556 U.S.
at 678 (quotation marks omitted); Moss v. U.S. Secret
Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer
possibility that a defendant acted unlawfully is not
sufficient, and mere consistency with liability falls short
of satisfying the plausibility standard. Iqbal, 556
U.S. at 678 (quotation marks omitted); Moss, 572
F.3d at 969.
names the following defendants: (1) Brad Hardie of Regency
Property; and (2) Donecia Wright, CPS Supervisor. In her form
complaint, Plaintiff asserts a failure to accommodate her
disability, alleging she has ADHD and no schooling. Plaintiff
states the facts of her case as follows: "She Removed my
son with out p[r]oof." (Doc. No. 1 at 5.)
addition to the foregoing, Plaintiff attaches numerous
exhibits to her complaint. These exhibits include charts and
documents regarding Child Protective Custody and the Juvenile
Dependency Court Process, information and forms regarding
Gabelcrest Transitional Recovery Program for Women and Their
Children, and a website printout for Regency Property
Management and Brad Hardie.
also includes several handwritten pages. In these pages,
Plaintiff alleges that she had a baby boy named Damar Ricks
in 2011. Plaintiff was positive for cocaine. Her son was two
weeks old when she went to Spirit of Woman and Plaintiff had
an open CPS case. At four months, Plaintiffs mother passed
away while she was in the program. CPS closed her case and
she and her son were free to go. Plaintiff moved to First and
Olive, where she met Brad Hardie. At that time, her son was
six months old. Plaintiff went to Madera, California, and got
locked up for two weeks for selling her body. When she
returned to Fresno, Brad Hardie had removed all of the things
from her home without notice.
October 2013, a court case was opened, and Plaintiff went
back to Spirit of Woman. CPS placed her son with her.
Plaintiff completed both inpatient and outpatient treatment.
Plaintiffs case worker also was her son's father's
case worker when he was in the system. Plaintiff contends
that Brad Hardie is law enforcement. She claims
discrimination and violation of her parental rights. She
asserts that she has been looking for help since having an
open CPS case.
further alleges that Brad Hardie told the Spirit of Woman
director, Mrs. Riley, that he was going to help the program.
On March 20, 2019, Spirit of Woman was closed down. On June
16, 2019, Plaintiff contacted Mrs. ...