Walton

1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 DENISHA M WALTON, et al., Case No. 23-cv-04843-MMC

7 Plaintiffs,

ORDER DISMISSING FOURTH

8 v. AMENDED COMPLAINT

9 KEE ANA SMITH, et al., 10 Defendants.

11 12 Before the Court is plaintiffs’ “Fourth Amended Complaint” (“4AC”). Where, as 13 here, a party proceeds in forma pauperis, the district court, pursuant to 28 U.S.C. 14 § 1915(e)(2), must “dismiss the case” if the plaintiff “fails to state a claim on which relief 15 may be granted.” See 28 U.S.C. § 1915(e)(2)(B). The Court next turns to the question of 16 whether the 4AC states a claim on which relief may be granted. 17 DISCUSSION 18 By their 4AC, plaintiffs allege that subsequent to their 16-year-old daughter’s false 19 report that her father, plaintiff Justin Walton, had molested her, plaintiffs wrongfully lost 20 custody of their children. (See 4AC ¶ 67, 70). Based thereon, plaintiffs assert eight 21 “Counts” against one or more of twenty-eight named defendants.1 22 …