Gaxiola

Gaxiola v. Borla

Good Law
United States District Court, Northern District of CaliforniaOctober 10, 20233:23-cv-02196California1,067 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH EMMANUEL GAXIOLA, Case No. 23-cv-02196-WHO (PR)

Plaintiff,

ORDER DISMISSING THE

v. COMPLAINT WITH LEAVE TO

AMEND

E. BORLA, et al.,

Defendants.

12 INTRODUCTION Plaintiff Joseph Emmanuel Gaxiola alleges unrelated constitutional and statutory claims against different defendants at Salinas Valley State Prison. His 42 U.S.C. § 1983 complaint containing these allegations is now before me for review pursuant to 28 U.S.C. § 1915A(a). Gaxiola raises a number of unrelated claims against at least eleven defendants. Because this falls afoul of federal pleading rules, the complaint is DISMISSED with leave to file an amended complaint on or before November 20, 2023. Failure to file a proper amended complaint by November 20, 2023, may result in dismissal of this action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. I will rule on Gaxiola’s motion for the appointment of counsel after I have…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.