Freitas
Freitas v. Wise
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN B. FREITAS, Case No. 21-cv-08176-JD
Plaintiff,
ORDER
v.
NOEL WISE, et al., Defendants.
12 In a prior order, the Court granted IFP status to pro se plaintiff Freitas, and dismissed the complaint under 28 U.S.C. § 1915, with leave to amend. Dkt. No. 11. Freitas filed an amended complaint, which runs to over 600 pages with attachments. Dkt. No. 12. To the limited extent that the amended complaint is comprehensible, it repeats the same allegations under 42 U.S.C. § 1983 against a California Superior Court judge, Alameda County, and the State of California, that were dismissed in the prior order. Consequently, Counts I through IV of the amended complaint are dismissed with prejudice. The RICO claim in Count V under 18 U.S.C. § 1962 is also dismissed. A plausible civil RICO claim must satisfy the heightened pleading standards of Federal Rule of Civil Procedure 9(b) and a variety of specific pleading allegations under the statute with respect to the…