Frary

Frary v. Atkinson

Good Law
United States District Court, Northern District of CaliforniaSeptember 1, 20223:22-cv-02579California1,456 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DANIEL ROBERT FRARY, Case No. 22-cv-02579-WHO (PR)

Plaintiff,

ORDER DISMISSING THE

v. COMPLAINT WITH LEAVE TO

AMEND

GREGORY J. AHERN,

Defendant.

9 INTRODUCTION Plaintiff Daniel Robert Frary’s 42 U.S.C. § 1983 complaint is DISMISSED with leave to file an amended complaint on or before October 10, 2022. He names only one defendant, Sheriff Gregory Ahern, but fails to state specific facts establishing that Ahern is liable. His amended complaint must state specific facts that tie a defendant to an alleged wrong. Failure to file a proper amended complaint by October 10, 2022, or a failure to comply in every respect with the instructions given in this order, may result in the dismissal of this suit and the entry of judgment in favor of defendant. DISCUSSION A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a…

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