1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 JOSEPH JOHN GRIJALVA, 11 Case No. 19-cv-05694-RS (PR) Plaintiff, 12 v. ORDER REOPENING ACTION; 13 SANTA CLARA COUNTY, et al., ORDER DISMISSING COMPLAINT 14 WITH LEAVE TO AMEND Defendants. 15

16 17 INTRODUCTION 18 This federal civil rights action was dismissed because plaintiff failed to comply with 19 the Court’s orders to file a complaint and an application to proceed in forma pauperis. 20 Since dismissal, those documents have been filed. Accordingly, this action is 21 REOPENED. The Clerk is directed to modify the docket to reflect this. The judgment and 22 the order of dismissal are VACATED. (Dkt. Nos. 9 and 10.) 23 Plaintiff fails to state any claim for relief in his

complaint. 24 Accordingly, the complaint is DISMISSED with leave to file an amended complaint on or 25 before March 2, 2020. No extensions of time will be granted. Failure to file a proper 26 amended complaint by the deadline, or a failure to comply in every respect with the 27 instructions given in this order, will result in the dismissal of this suit and the entry of 1 DISCUSSION 2 A. Standard of Review 3 A “complaint must contain sufficient factual matter, accepted as true, to ‘state a 4 claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

(2009) 5 (quoting Bell Atlantic Corp. v. Twombly,

(2007)). “A claim has facial 6 plausibility when the plaintiff pleads factual content that allows the court to draw the 7 reasonable inference that the defendant is liable for the misconduct alleged.”

(quoting 8 Twombly,

). Furthermore, a court “is not required to accept legal 9 conclusions cast in the form of factual allegations if those conclusions cannot reasonably 10 be drawn from the facts alleged.” Clegg v. Cult Awareness Network,

, 754–55 11 (9th Cir. 1994). To state a claim under

, a plaintiff must allege two 12 essential elements: (1) that a right secured by the Constitution or laws of the United States 13 was violated, and (2) that the alleged violation was committed by a person acting under the 14 color of state law. See West v. Atkins,

(1988). 15 B. Legal Claims 16 Plaintiff’s complaint contains no claims of any kind. Rather, he asks “to talk to 17 someone from your office” because “theres [sic] to [sic] much to list.” (Compl., Dkt. No. 18 11 at 3.) This falls far short of supplying “sufficient factual matter, accepted as true, to 19 state a claim to relief that is plausible on its face.” Iqbal,

(citation 20 omitted). In his amended complaint, plaintiff must state specific facts plausibly showing 21 that a person acting under color of state law violated his federal constitutional rights. 22 CONCLUSION 23 The complaint is DISMISSED with leave to file an amended complaint on or before 24 March 2, 2020. The amended complaint must include the caption and civil case number 25 used in this order (19-05694 RS (PR)) and the words FIRST AMENDED COMPLAINT 26 on the first page. The amended complaint must also appear on this Court’s form. Because 27 an amended complaint completely replaces the previous complaints, plaintiff must include 1 |} in his amended complaint all the claims he wishes to present and all of the defendants he 2 wishes to sue. See Ferdik v. Bonzelet,

(9th Cir. 1992). Any claims 3 || not raised in the amended complaint will be deemed waived. Plaintiff may not incorporate 4 || material from the prior complaint by reference. No extensions of time will be granted. 5 || Failure to file an amended complaint in accordance with this order will result in 6 || dismissal of this action under Federal Rule of Civil Procedure 41(b) without further 7 || notice to plaintiff. 8 It is plaintiffs responsibility to prosecute this case. Plaintiff must keep the Court 9 || informed of any change of address by filing a separate paper with the clerk headed “‘Notice 10 || of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask 11 || for an extension of time to do so. Failure to comply may result in the dismissal of this 12 || action pursuant to Federal Rule of Civil Procedure 41(b). IT IS SO ORDERED. S 14 || Dated: January 2020 Schon ~ RICHARD SEEBORG 16 United States District Judge

19 20 21 22 23 24 25 26 27 28 ORDER DISMISSING THE COMPLAINT WITH LEAVE TO AMEND . CASE No. 19-cv-05694-RS