1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE ANTONIO RODRIGUEZ, Case No. 23-cv-00294-HSG

8 Plaintiff, ORDER OF DISMISSAL WITH LEAVE TO AMEND 9 v.

10 WORLD WORLD WAY, et al., 11 Defendants.

12 13 Plaintiff, an inmate at Coalinga State Hospital, filed this pro se civil rights action pursuant 14 to

. His complaint (Dkt. No. 1) is now before the Court for review under 28 15 U.S.C. § 1915A. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. 16 DISCUSSION 17 A. Standard of Review 18 A federal court must engage in a preliminary screening of any case in which a prisoner 19 seeks redress from a governmental entity, or from an officer or an employee of a governmental 20 entity. 28 U.S.C. § 1915A(a). In its review, the Court must identify any cognizable claims, and 21 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be 22 granted, or seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. 23 § 1915A(b) (1), (2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police 24 Dep’t,

(9th Cir. 1990). 25 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 26 claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Specific facts are not 27 necessary; the statement need only ‘give the defendant fair notice of what the . . . . claim is and the 1 “[A] plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more 2 than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not 3 do. . . . Factual allegations must be enough to raise a right to relief above the speculative level.” 4 Bell Atlantic Corp. v. Twombly,

(2007) (citations omitted). A complaint must 5 proffer “enough facts to state a claim to relief that is plausible on its face.”

. All or part 6 of a complaint filed by a prisoner may be dismissed sua sponte if the prisoner’s claims lack an 7 arguable basis in either law or in fact. 8 To state a claim under

, a plaintiff must allege two elements: (1) that a 9 right secured by the Constitution or laws of the United States was violated; and (2) that the 10 violation was committed by a person acting under the color of state law. West v. Atkins,

42, 48 (1988). 12 B. Complaint 13 The complaint brings suit against World World Way and the California Department of 14 Corrections and Rehabilitations (“CDCR”). The complaint is incomprehensible. The complaint 15 appears to allege that “World World Way,” CDCR prisons, county jails, and hospitals in the world 16 have discriminated against Plaintiff and his sister Sylvia Rodriguez. Plaintiff lists “case numbers” 17 that are simply the same letter repeated over and over, e.g. “AAA-cv-AAAAA-AAA-?, BBB-cv- 18 BBBBB-BBB-?” See generally Dkt. No. 1 at 3. 19 The complaint will be DISMISSED for failure to state a claim. It is unclear who or what 20 World World Way is, or if World World Way exists at all. Plaintiff does not have standing to sue 21 on behalf of his sister. The complaint does not state a violation of any right secured by the 22 Constitution or laws of the United States. The dismissal is with leave to amend. See Ramirez v. 23 Galaza,

(9th Cir. 2003) (“Leave to amend should be granted unless the 24 pleading could not possibly be cured by the allegation of other facts, and should be granted more 25 liberally to pro se plaintiffs.”) (citation and internal quotation marks omitted). 26 CONCLUSION 27 For the foregoing reasons, the Court DISMISSES the complaint with leave to amend. 1 that addresses the identified deficiencies. The amended complaint must include the caption and 2 || civil case number used in this order, Case No. C 23-00294 HSG (PR) and the words “AMENDED 3 COMPLAINT” on the first page. If using the court form complaint, Plaintiff must answer all the 4 || questions on the form in order for the action to proceed. An amended complaint completely 5 replaces the previous complaints. See Lacey v. Maricopa Cnty.,

(9th Cir. 6 |} 2012). Accordingly, Plaintiff must include in his amended complaint all the claims he wishes to 7 present and all of the defendants he wishes to sue, and may not incorporate material from the prior 8 complaint(s) by reference. Failure to file an amended complaint in accordance with this order in 9 the time provided will result in dismissal of this action without further notice to Plaintiff. The 10 || Clerk shall include two copies of the court’s complaint form with a copy of this order to Plaintiff. 11 IT IS SO ORDERED. 12 || Dated: 5/2/2023

4 HAYWOOD S. GILLIAM, JR. United States District Judge

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