Bey

Bey v. O'Malley

Good Law
United States District Court, Northern District of CaliforniaOctober 8, 20193:19-cv-05197California1,635 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MANSA-EL BEY, et al., Case No. 19-cv-05197-EMC

Plaintiffs,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION AND

DISMISSING AMENDED COMPLAINT

NANCY E. O’MALLEY, et al., Docket Nos. 10, 12 Defendants.

12 Plaintiff Mansa-El: Bey©1 initiated this lawsuit against four individuals in August 2019. The case was initially assigned to Magistrate Judge Beeler. Judge Beeler granted Mr. Bey’s motion for leave to proceed in forma pauperis but dismissed his complaint pursuant to 28 U.S.C. § 1915(e). See Docket No. 9 (order). Judge Beeler identified multiple deficiencies with the complaint – e.g., Mr. Bey had failed to specify any conduct on the part of three defendants and, as to the remaining defendant, he had at the very least immunity from suit (Eleventh Amendment and quasi-judicial). Nevertheless, she still gave Mr. Bey leave to file an amended complaint by September 12, 2019. After Mr. Bey failed to file an amended complaint, Judge Beeler…

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