Frail

(PS) Van den Heuvel v. Frail

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20232:22-cv-02277California507 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN MARC VAN DEN HEUVEL, No. 2:22–cv–02277-DAD–KJN (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS

v. MICHAEL FRAIL, Defendant. 16 Plaintiff, who is proceeding without counsel in this action, was granted leave to proceed in forma pauperis (“IFP”) on June 30, 2023. (ECF No. 9.) The court reviewed plaintiff’s complaint, but found that it required dismissal as it failed to state a cognizable claim for relief. (Id. at 5.) The court provided plaintiff the pleading standards under Federal Rule of Civil Procedure 8 and 42 U.S.C. § 1983. (Id. at 2-4.) Plaintiff was granted leave to file a first amended complaint or a notice of voluntary dismissal within thirty days and was cautioned that failure to comply with the court’s order would result in a recommendation that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Id. at 6.) On July 17, 2023 and July 28, 2023 plaintiff filed additional…

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