Opinion
No. C-08-05715 EDL.
February 18, 2009
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND
On June 20, 2008, Plaintiff Abdulhakim Saleh Ali Yafai, who is proceeding pro se, filed this against Defendant Amtrak in Alameda County Superior Court. On December 22, 2008, Defendant removed Plaintiff's action. On December 23, 2008, Defendant moved to dismiss for failure to state a claim, or for a more definite statement. Plaintiff did not file an opposition to Defendant's motion. The Court held a hearing on February 10, 2009, which was attended by Plaintiff and Defendant's counsel. For the reasons stated at the hearing and in this order, the Court grants with leave to amend Defendant's motion to dismiss and denies as moot Defendant's motion for a more definite statement.
A motion to dismiss under Rule 12(b)(6) tests the legal sufficiency of the claims alleged in the complaint. See Ileto v. Glock, Inc., 349 F.3d 1191, 1199-1200 (9th Cir. 2003). Review is limited to the contents of the complaint. See Allarcom Pay Television, Ltd. v. Gen. Instrument Corp., 69 F.3d 381, 385 (9th Cir. 1995). To survive a motion to dismiss for failure to state a claim, a complaint generally must satisfy the notice pleading requirements of Federal Rule of Civil Procedure 8, which requires that the complaint include a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). A plaintiff's obligation to provide the grounds of his entitlement to relief "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do."Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007) (citations and quotations omitted).
Here, Plaintiff's complaint, which does not contain any facts about what happened to him, must be dismissed for failure to state a claim. As stated at the hearing, the Court gives Plaintiff leave to amend his complaint. In amending his complaint, Plaintiff must provide a short and concise statement of the facts regarding what happened to him that he believes supports his claims against Amtrak. No later than March 3, 2009, Plaintiff shall file an amended complaint setting out a short and concise statement using the framework described above and at the hearing. Because the Court grants Defendant's Motion to Dismiss, the alternative Motion for a More Definite Statement is denied as moot.
If he has not done so already, the Court urges Plaintiff to make an appointment at the Legal Help Center located on the 15th Floor, room 2796, 450 Golden Gate Avenue, San Francisco, CA. Appointments must be made in person. The Court also urges Plaintiff to obtain the Pro Se Handbook that is available in the clerk's office on the 16th Floor, 450 Golden Gate Avenue, San Francisco, CA.
IT IS SO ORDERED.