Swain
Swain v. Director of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARIUS SWAIN, Case No. 19-cv-03882-EMC
Plaintiff,
ORDER OF DISMISSAL
v. Docket No. 10-1 DIRECTOR OF CORRECTIONS, Defendant.
12 I. INTRODUCTION Darius Swain, an inmate at the California State Prison in Lancaster, commenced this pro se prisoner’s civil action by filing a “writ of replevin complaint.” Docket No. 1. The Court dismissed the complaint with leave to amend because the complaint (a) failed to allege facts establishing jurisdiction (e.g., diversity jurisdiction or federal question jurisdiction); (b) had too many conclusory allegations and failed to allege a short and plain statement of the claim showing that Mr. Swain was entitled to relief; (c) failed to link defendants to the claims; and (d) could not assert claims that would call into question his conviction or sentence. Mr. Swain then filed an “writ of replevin first amended complaint.” Docket No. 10-1. That first amended complaint is now before…