Rademaker v. Ganzekaufer
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
The court considered Plaintiff Rademaker's third amended complaint in a civil action. The court dismissed the complaint without leave to amend, finding that the plaintiff failed to state a claim despite repeated instructions and a final opportunity to amend.
| What the court decided | The model |
|---|---|
Third Amended Complaint dismissed without leave to amend“Thus, the third amended complaint is DISMISSED without leave to amend.” | agree with court The court cites 28 U.S.C. § 1915A(b)(1), which authorizes dismissal of prisoner complaints that fail to state a claim. The court notes that the plaintiff was given a final chance to amend and repeatedly instructed on pleading requirements. Dismissal without leave is appropriate when amendment would be futile, which the court implies by stating the plaintiff is 'unable to meet those requirements.' |
The order itself: sound with gaps — The order is very brief and procedural. It relies on the statutory authority for dismissing prisoner complaints and a Ninth Circuit case supporting dismissal without leave when futile. However, it does not specify which claims were alleged or why they specifically failed to state a claim, nor does it explicitly articulate the futility analysis beyond stating the plaintiff is 'unable to meet those requirements.'
Opinion
(eet) 1 : yy United States District Court SOUTHERN DISTRICT OF CALIFORNIA David Rademaker Civil Action No. 21cv1757-AGS-AHG Plaintiff, V. Andrew Ganzekaufer, at al., JUDGMENT IN A CIVIL CASE Defendant.
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS HEREBY ORDERED AND ADJUDGED: The Court has repeatedly instructed Rademaker on the relevant pleading requirements and recently gave him a final chance to amend. With this latest complaint, it is now clear that he is unable to meet those requirements, as he again fails to state any claims. See Wilhelm, 680 F.3d at 1121; 28 U.S.C. § 1915A(b)(1). Thus, the third amended complaint is DISMISSED without leave to amend.
Date: 10/20/23 CLERK OF COURT JOHN MORRILL, Clerk of Court By: s/ J. Simmons J. Simmons, Deputy