Ismael Villarreal v. Ralph Diaz

BACKGROUND

1. Plaintiff’s Complaint in this action was dismissed by an order entered on November 19, 2020. (ECF No. 15; “Order Dismissing”.) In the Order Dismissing, the Court found that plaintiff’s Complaint did not comply with Fed. R. Civ. P. 8 because it failed to state a short and plain statement of each claim that was sufficient to give any defendant fair notice of what plaintiff’s claims are and the grounds upon which they rest. Further, the claims appeared insufficient to state a federal civil rights claim on which relief may be granted against any defendant. (ECF No. 15 at 6, 13-14.) As set forth in the Order Dismissing, even assuming the truth of the factual allegations in the Complaint, plaintiff’s pleading failed raise a right to relief on any claim above the speculative level. See, e.g., Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff was also admonished at that time (id. at 6-7 (emphasis in original)): If plaintiff desires to pursue this action, he is ORDERED to file a First Amended Complaint no later than December 23, 2020, remedying the deficiencies discussed herein. Further, plaintiff is…