DEWITT JAMAR THOMAS v. MARIA VANEZUELA, et al.

Opinion

DEWITT JAMAR THOMAS, Case No. 2:25-cv-2939-TLN-JDP (PS) Plaintiff, v. ORDER MARIA VANEZUELA, et al., Defendants. Plaintiff brings this action against two property managers—defendants Maria Vanezuela and Ranetta Cann—and two property management companies, defendants John Stewart Company Property Management and Sacramento Housing Redevelopment Agency. His complaint, however, fails to state a claim and is dismissed. I will give plaintiff leave to amend to file an amended complaint that better explains the factual basis of his claims. I will also grant his application to proceed in forma pauperis, ECF No. 2, which makes the showing required by 28 U.S.C. §§ 1915(a)(1) and (2). Screening and Pleading Requirements A federal court must screen the complaint of any claimant seeking permission to proceed in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Id. A complaint must contain a short and plain statement that plaintiff is entitled to relief, Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). If the allegations “do not permit the court to infer more than the mere possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024, 1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc) (citations omitted). The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017). However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)). Analysis The complaint’s limited allegations indicate that plaintiff seeks relief based on his placement in an apartment with neighbors who have made it difficult for him and his family to live in the apartment. ECF No. 1 at 5. Plaintiff alleges that defendant Vanezuela, the property manager, told him to not communicate with her or her staff regarding his issues with his neighbors. Id. Plaintiff alleges that her actions amount to harassment, neglect, discrimination, and a failure to provide reasonable accommodations. Id. at 4. These limited allegations are insufficient to put defendants on notice of plaintiff’s claims and of the factual basis for them. See Jones v. Cnty. Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984) (“The plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support the plaintiff’s claim.”). Moreover, plaintiff has not asserted a legal claim for his grievances. If plaintiff intended to assert an ADA claim, such a claim would fail because residential apartments are not places of public accommodation. See 42 U.S.C. § 12112. Plaintiff would also fail to state a claim under 42 U.S.C. § 1983 because he has not alleged a constitutional violation by a government actor. Accordingly, plaintiff’s complaint is dismissed for failure to state a claim. I will allow plaintiff a chance to amend his complaint before recommending that this action be dismissed. Plaintiff should also take care to add specific factual allegations against defendant. If plaintiff decides to file an amended complaint, the amended complaint will supersede the current one. See Lacey v. Maricopa Cnty., 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc). This means that the amended complaint will need to be complete on its face without reference to the prior pleading. See E.D. Cal. Local Rule 220. Once an amended complaint is filed, the current one no longer serves any function. Therefore, in an amended complaint, as in the original, plaintiff will need to assert each claim and allege defendant’s involvement in sufficient detail. The amended complaint should be titled “First Amended Complaint” and refer to the appropriate case number. If plaintiff does not file an amended complaint, I will recommend that this action be dismissed. Accordingly, it is hereby ORDERED that: 1. Plaintiff’s request for leave to proceed in forma pauperis, ECF No. 2, is GRANTED. 2. Plaintiff’s complaint, ECF No. 1, is DISMISSED with leave to amend. 3. Within thirty days from service of this order, plaintiff shall file either (1) an amended complaint or (2) notice of voluntary dismissal of this action without prejudice. 4. Failure to timely file either an amended complaint or notice of voluntary dismissal may result in the imposition of sanctions, including a recommendation that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 5. The Clerk of Court shall send plaintiff a complaint form with this order. ( | { Dated: _ December 19, 2025 Q_—_—. JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE