Wilson

Wilson v. Mount Diablo Unified School District/Special Education Local Plan Area (Diablo)

Good Law
United States District Court, Northern District of CaliforniaAugust 25, 20203:20-cv-03368California1,245 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL GEARY WILSON, Case No. 20-cv-03368-MMC

Plaintiff,

ORDER OF DISMISSAL

v.

MOUNT DIABLO UNIFIED SCHOOL

DISTRICT/SPECIAL EDUCATION

LOCAL PLAN AREA (DIABLO), et al.,

Defendants.

13 Before the Court is plaintiff Michael Geary Wilson’s “Incomplete & Incorrect First Amended & Supplemented Complaint for Injunctive Relief, Setting Aside Orders & Judgments, Damages, and Other Relief (FAC),” filed August 21, 2020, which filing the Court construes as plaintiff’s First Amended Complaint (“FAC”).1 Where, as here, a party proceeds in forma pauperis, the district court must dismiss the complaint pursuant to 28 U.S.C. § 1915(e)(2), if such plaintiff “fails to state a claim on which relief may be granted” or the action is “frivolous and malicious.” See 28 U.S.C. § 1915(e)(2)(B). The Court thus turns to the question of whether the complaint “state[s] a claim on which relief may be granted.” See id. By order filed July 14, 2020,…

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