Guy

Guy v. Pizzuti

Good Law
United States District Court, Northern District of CaliforniaFebruary 12, 20213:20-cv-01936California833 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KENNETH CARL GUY, Case No. 20-cv-01936-JD

Plaintiff,

ORDER DISMISSING COMPLAINT

v. 9 Re: Dkt. Nos. 15, 19 DALTON PIZZUTI, Defendant.

12 Pro se plaintiff Kenneth Carl Guy, who is proceeding in forma pauperis, has filed an amended complaint alleging obstruction of justice, wire fraud, and constitutional claims against a “polygraph examiner” and possibly a former employer. Dkt. No. 15. He has also applied for a preliminary injunction and an order to show cause. Dkt. No. 19. The amended complaint is dismissed. The Court may “at any time” dismiss an IFP complaint that fails to state a claim on which relief may be granted, or that is “frivolous.” 28 U.S.C. § 1915(e)(2)(B); see also Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir. 2000) (this statute “applies to all in forma pauperis complaints”). The standard for dismissal for failure to state a claim is the same as under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir.…

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