(PS) Spate v. Lake County Sheriff's Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIAH LYN SPATE, No. 2:20–cv–2423–JAM–KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS TO
DISMISS FOR FAILURE TO PROSECUTE
v. LAKE COUNTY SHERIFF’S DEPT., et al., 15 Defendants. 16 On December 7, 2020, plaintiff, proceeding pro se, filed a complaint and requested leave to proceed in forma pauperis. (ECF Nos. 1, 2.) The court granted plaintiff leave to proceed without paying the filing fee, but noted her complaint failed to allege any viable causes of action against any named defendant and failed to allege claims that gave rise to federal subject matter jurisdiction. (ECF No. 4.) The court found it was not inconceivable that plaintiff could state a claim, and so ordered her to submit an amended complaint within 28 days that detailed her causes of action, the names of the defendant(s), and some basic facts to demonstrate a claim was plausible. (Id.) On January 4, 2021, plaintiff filed a “first amended complaint,” but this was simply a ten-line paragraph…