Torres
Torres v. Becton
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 19-cv-06865-MMC
Plaintiff, ORDER STRIKING PREVIOUSLY
DISMISSED FEDERAL CLAIMS;
v. DISMISSING REMAINING FEDERAL
CLAIMS WITHOUT FURTHER LEAVE
DIANE BECTON, et al., TO AMEND; DISMISSING STATE
LAW CLAIM WITHOUT PREJUDICE
Defendants.
13 On October 22, 2019, plaintiff Mario Torres filed his initial complaint, by which pleading he asserted three claims under 42 U.S.C. § 1983 and one claim under state law. That same day, plaintiff also filed an application to proceed in forma pauperis. Thereafter, by order filed October 31, 2019 (“October 31 Order”), the Court granted plaintiff’s application to proceed in forma pauperis and, having found plaintiff failed to state a claim, dismissed the complaint with leave to amend. On November 21, 2019, plaintiff filed his First Amended Complaint (“FAC”), by which pleading he reasserted the same claims alleged in his initial complaint…