Wilson v. Mount Diablo Unified School District/Special Education Local Plan Area

Background

Michael Geary Wilson filed the action while representing himself and proceeding without paying the filing fee. His initial complaint asserted five federal claims and two state-law claims, including claims under 42 U.S.C. §§ 1983, 1985, and 1986, as well as claims for attempted civil extortion and intentional infliction of emotional distress.

In an earlier order, the court dismissed Wilson’s federal claims, gave him limited permission to amend to address identified deficiencies, and barred him from adding new claims or defendants without court permission. Wilson then filed a motion seeking to add new claims and defendants, attaching a proposed First Amended Complaint. The proposed complaint repeated his earlier claims and added nine new claims and 28 new defendants.

Court’s analysis

The court treated Wilson’s filing as a request for permission to file an amended complaint containing claims and parties beyond the scope of the earlier permission to amend. Applying Rule 15 of the Federal Rules of Civil Procedure, the court granted the motion and deemed the proposed First Amended Complaint filed.

Because Wilson was proceeding without paying the filing fee, the court was required under 28 U.S.C. § 1915(e)(2) to dismiss the complaint if it failed to state a claim or was frivolous or malicious. The court found that the amended complaint was subject to dismissal in its entirety because all of the claims were already alleged in a separate action pending before the court. The opinion relied on authority recognizing the court’s discretion to dismiss a complaint that merely repeats claims pending or previously litigated.

Disposition

The court granted Wilson’s motion to amend. It then dismissed the First Amended Complaint, without prejudice to Wilson prosecuting those claims in the separate pending action. The order did not decide the underlying merits of the claims. Judge Maxine Chesney signed the order.