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Civil Rights: Other | California Central
Text Only Scheduling Notice
(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: For the reasons stated in the Magistrate Judge's report and recommendation, the complaint fails to state a claim for a violation of federal law, and the Court declines to exercise supplemental jurisdiction over the state-law claims. To avoid unnecessary delay, the Court grants Plaintiff an opportunity to file a first amended complaint (FAC) that identifies a federal cause of action entitling him to relief, such as 42 U.S.C. § 1981, which requires a plaintiff to show that (1) he is a member of a racial minority, (2) the defendant intentionally discriminated against him because of his race, (3) the discrimination impaired his right to make or enforce a contract, and (4) race was a but-for cause of that impairment. See Comcast Corp. v. Nat'l Ass'n of Afr. Am.-Owned Media, 589 U.S. 327, 341 (2020); Lindsey v. SLT L.A., LLC, 447 F.3d 1138, 1145 (9th Cir. 2006) (recognizing a § 1981 claim based on racial discrimination in an attempt to contract for services). The FAC must tie specific allegations to each cause of action and each Defendant against whom it is asserted and allege how each Defendant participated in the alleged violation. By October 21, 2026, Plaintiff may file an FAC that cures the deficiencies. Failure to timely do so will be construed as an election to stand on the original complaint and will result in dismissal of the federal claim without further leave to amend and the state-law claims without prejudice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
Report and Recommendation (Issued)
REPORT AND RECOMMENDATION ON REQUEST TO PROCEED IN FORMA PAUPERIS 3 issued by Magistrate Judge Alka Sagar. (See document for complete details) (afe)
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