Williams v. Browns et al

Filing 4

ORDER Granting #2 Application to Proceed In Forma Pauperis; SCREENING ORDER Granting Plaintiff Leave to File Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 06/07/2021. First Amended Complaint Due Within Thirty-Days. (Attachments: #1 Amended Complaint Form)(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRINCE PAUL RAYMOND WILLIAMS,

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Plaintiff,

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Case No. 1:21-cv-00622-DAD-BAM
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
(Doc. 2)

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CHERYL L. BROWNS, et al.,

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Defendants.

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SCREENING ORDER GRANTING
PLAINTIFF LEAVE TO FILE SECOND
AMENDED COMPLAINT
(Doc. 3)

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THIRTY-DAY DEADLINE

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Plaintiff Prince Paul Raymond Williams (“Plaintiff”), proceeding pro se, filed this action

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on April 14, 2021. (Doc. 1.) Plaintiff filed a first amended complaint on April 16, 2021. (Doc.

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3.)

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I.

Application to Proceed In Forma Pauperis

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Concurrent with his original complaint, Plaintiff filed an application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Having considered Plaintiff’s application, the

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Court finds Plaintiff has made the showing required by section 1915(a). Accordingly, Plaintiff’s

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application to proceed in forma pauperis is GRANTED. 28 U.S.C. § 1915(a).

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II.

Screening Requirement and Standard

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The Court screens complaints brought by persons proceeding in pro se and in forma

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pauperis. 28 U.S.C. § 1915(e)(2). Plaintiff’s first amended complaint, or any portion thereof, is

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subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may

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be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28

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U.S.C. §§ 1915(e)(2)(B)(ii).

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A complaint must contain “a short and plain statement of the claim showing that the

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pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not

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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere

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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s allegations are taken as

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true, courts “are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc.,

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572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).

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To survive screening, Plaintiff’s claims must be facially plausible, which requires

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sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable

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for the misconduct alleged. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss v. U.S. Secret

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Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully

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is not sufficient, and mere consistency with liability falls short of satisfying the plausibility

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standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572 F.3d at 969.
Plaintiff’s First Amended Complaint

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II.

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Plaintiff brings the instant action against the following defendants: (1) Cheryl L. Browns,

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court-appointed counsel for Plaintiff’s minor child; and (2) Raenna Johnson, the minor’s other

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custodial parent.

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Plaintiff alleges as follows: On November 16, 2020, Judge Amy K. Guerra appointed

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Defendant Browns as counsel for Plaintiff’s minor child. On March 30, 2021, Plaintiff and the

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minor child met with Defendant Browns to discuss custody and visitation matters and child

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exchanges between parents. Defendant Browns spoke with the child and made recommendations

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for Spring and Summer Breaks to which Plaintiff agreed. Defendant Browns informed Plaintiff
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that she would recommend Plaintiff’s custody of the child to the court.
On April 4, 2021, Plaintiff traveled with the child from Fresno to Las Vegas, Nevada to

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return the child Defendant Johnson. At 8:31 a.m., Plaintiff notified Defendant Johnson via email

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of their estimated arrival time. Defendant Johnson did not respond. Plaintiff intended to return

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the child to Defendant Johnson at a mutually agreed upon location or at Defendant Johnson’s

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address on file with the court. At approximately 10:00 a.m., Plaintiff and the child arrived in Las

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Vegas. Plaintiff proceeded to Defendant Johnson’s address until the minor child informed

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Plaintiff to proceed to another address that the child said was his and Defendant Johnson’s actual

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residence address. Plaintiff and the minor child arrived at the front door of the location at

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approximately 10:05 a.m., carrying the child’s personal items. When Defendant Johnson came to

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the door, Defendant Johnson displayed anger and frustration toward the child, grabbed the child

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by the arm and told the child come inside. Plaintiff attempted to provide the child with his

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remaining belongings and say his goodbyes before departing. Defendant Johnson again grabbed

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the child by the arm, telling the child to come inside and calling for her live-in boyfriend to get

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up. As Plaintiff was walking away, Defendant Johnson said to Plaintiff, “You’re lucky my

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brother isn’t here because he’d . . . .” (Doc. 3 at ¶ 20.) Defendant Johnson proceeded to record

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Plaintiff while he walked to his car before driving away. At 10:21 a.m., Defendant Johnson

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responded to Plaintiff’s email by stating, “Location?” (Id. at ¶ 22.) At 1028 a.m., Plaintiff

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proceeded to call Defendant Browns, leaving multiple voice messages with complaints of the

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exchange.

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On April 5, 2021, at 7:31 a.m., Plaintiff provided notice via email to Defendant Johnson

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of his intent to file for emergency custody of the child. At 8:11 a.m., Plaintiff called Defendant

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Browns to provide notice of the events occurring during the exchange of the child. Plaintiff

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informed Defendant Browns of his desire to no longer comply with the previously-agreed upon

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terms regarding the exchange of the child. Defendant Browns replied that they had an agreement.

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Plaintiff questioned Defendant Browns regarding her awareness of the child’s address. Defendant

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Browns did not know the child’s address. Plaintiff informed Defendant Browns of his intent to

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file an ex parte motion with the court. Defendant Browns intentionally and abruptly ended the
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conversation as Plaintiff was expressing his concern regarding the well being of the child and his

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complaint regarding the exchange. At 8:43 a.m., Defendant Johnson replied via email to Plaintiff,

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stating “How about helping pay for an extra activity for our Son, Dental care( since he never went

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to the dentist the 2years he was with you) Or paying for extra therapy session to help him get

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through this. Or a tutor!! Or maybe can put your time in efforts to planning a summer trip so he

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can see the world!! There are plenty of things you could do to benefit and help develop our Son,

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but that’s no what interest you and it’s clear to everyone[.]” (Id. at ¶ 26.

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As of April 12, 2021, Plaintiff had not been provided a remedy by Defendant Browns
regarding the well-being of the minor child and complaints regarding the exchange. Plaintiff also

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had not had contact with the minor child or Defendant Johnson. Plaintiff contends that

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Defendants Johnson’s action are negligent and detrimental to the well-being, safety and best

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interests of the minor child. Plaintiff alleges that Defendant Johnson has a history of relocating

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the minor child outside of the knowledge of the court and Plaintiff.

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Plaintiff also alleges that Defendant Johnson has made financial demands via email

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against Plaintiff with claims of a counselor in place for the minor child by stating, “Another

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payment coming to you that I would like to use for Khirens Therapy. Can you pay the therapist

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directly with the payment you will be getting this Friday?” (Doc. 3 at 5.) Pursuant to a letter sent

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by Defendant Browns vial mail to Plaintiff dated November 17, 2020, “If counseling has been

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ordered for Khiren, please provide the therapist’s contact information. I will send a copy of the

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Court’s Order to the therapist(s) of your child and will be discussing your child’s mental and

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emotional health.” (Id.) Defendant Johnson reportedly has not provided proof of said counselor

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or therapist to the court, Defendant Browns or Plaintiff.

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Plaintiff asserts that he fears for the well-being, safety, and best interests of the minor

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child. He did not consent to relocating the child outside of the child’s home state. Plaintiff also

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fears that there is an immediate risk that the minor child will be removed from California by

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Defendant Johnson.

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Plaintiff forwards claims against Defendants Browns and Johnson for negligence and
intentional infliction of emotional distress and against Defendant Browns only for breach of
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contract and violation of her oath of office. As relief, Plaintiff seeks sole legal and physical

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custody of the minor child, along with damages.

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III.

Discussion

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A. Jurisdiction

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Federal courts are courts of limited jurisdiction and may adjudicate only those cases

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authorized by the Unites States Constitution and Congress. Kokkonen v. Guardian Life Ins. Co.,

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511 U.S. 375, 377 (1994). “Federal courts are presumed to lack jurisdiction, ‘unless the contrary

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appears affirmatively from the record.’” Casey v. Lewis, 4 F.3d 1516, 1519 (9th Cir. 1993)

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(quoting Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 546 (1986)). Without jurisdiction,

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the district court must dismiss the case. See Morongo Band of Mission Indians v. California State

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Bd. of Equalization, 858 F.2d 1376, 1380 (9th Cir. 1988). Generally, there are two bases for

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subject matter jurisdiction: 1) diversity jurisdiction; and 2) federal question jurisdiction. 28

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U.S.C. §§ 1331, 1332.

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1.

Diversity Jurisdiction

Pursuant to 28 U.S.C. § 1332, federal district courts have diversity jurisdiction over civil

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actions “where the matter in controversy exceeds the sum or value of $75,000,” and where the

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matter is between “citizens of different States.” 28 U.S.C. § 1332(a)(1). Here, Plaintiff does not

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allege that the parties are citizens of different states. It appears, instead, that Plaintiff and

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Defendant Browns are citizens of the same state. Plaintiff also does not allege that the amount in

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controversy exceeds $75,0000. Thus, as currently pled, Plaintiff’s complaint does not establish

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diversity jurisdiction.

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2.

Federal Question Jurisdiction

Pursuant to 28 U.S.C. § 1331, federal district courts have jurisdiction over “all civil

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actions arising under the Constitution, laws, or treaties of the United States.” “A case ‘arises

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under’ federal law either where federal law creates the cause of action or ‘where the vindication

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of a right under state law necessarily turn[s] on some construction of federal law.’” Republican

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Party of Guam v. Gutierrez, 277 F.3d 1086, 1088–89 (9th Cir. 2002) (quoting Franchise Tax Bd.

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v. Construction Laborers Vacation Trust, 463 U.S. 1, 8–9 (1983)). The presence or absence of
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federal-question jurisdiction is governed by the “well-pleaded complaint rule.” Caterpillar, Inc. v.

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Williams, 482 U.S. 386, 392 (1987). Under the well-pleaded complaint rule, “federal jurisdiction

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exists only when a federal question is presented on the face of the plaintiff’s properly pleaded

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complaint.” Id. Although Plaintiff identifies various federal statutes and Constitutional

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provisions, the claims against Defendants Browns and Johnson are based in state law. Plaintiff

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does not allege any violation arising under the Constitution, laws or treaties of the United States.

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Thus, as pled, Plaintiff’s complaint does not establish federal question jurisdiction.

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B. State Law Claims

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Plaintiff appears to assert only state law claims against Defendants Browns and Johnson.

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Under 28 U.S.C. § 1367(a), in any civil action in which the district court has original jurisdiction,

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the “district courts shall have supplemental jurisdiction over all other claims that are so related to

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claims in the action within such original jurisdiction that they form part of the same case or

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controversy under Article III of the United States Constitution,” except as provided in subsections

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(b) and (c). The Supreme Court has stated that “if the federal claims are dismissed before trial, ...

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the state claims should be dismissed as well.” United Mine Workers of Am. v. Gibbs, 383 U.S.

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715, 726 (1966). Although the Court may exercise supplemental jurisdiction over state law

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claims, Plaintiff must first have a cognizable claim for relief under federal law. 28 U.S.C. § 1367.

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As Plaintiff has not stated a cognizable claim for relief under federal law or otherwise established

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this Court’s subject matter jurisdiction, the Court declines to exercise supplemental jurisdiction

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over any purported state law claims and they will not be screened.

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C. Child Custody

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As noted above, the crux of Plaintiff’s complaint appears to involve child custody and

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visitation issues. The Court is without jurisdiction over Plaintiff’s claims concerning child

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custody issues because they are exclusively matters of state law. See Ankenbrandt v. Richards,

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504 U.S. 689, 702-704 (1992) (holding that the domestic relations exception to federal subject

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matter jurisdiction “divests the federal courts of power to issue divorce, alimony and child

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custody decrees.”); see also Peterson v. Babbitt, 708 F.2d 465, 466 (9th Cir.1983) (stating that

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“federal courts have uniformly held that they should not adjudicate cases involving domestic
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relations, including ‘the custody of minors and a fortiori, right of visitation.’ For that matter, the

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whole subject of domestic relations and particularly child custody problems is generally

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considered a state law matter”). “Even when a federal question is presented, federal courts decline

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to hear disputes which would deeply involve them in adjudicating domestic matters.” Thompson

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v. Thompson, 798 F.2d 1547, 1558 (9th Cir.1986).

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IV.

Conclusion and Order

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Plaintiff’s first amended complaint fails to state a cognizable federal claim or establish

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this Court’s jurisdiction. As Plaintiff is proceeding pro se, the Court will grant Plaintiff an

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opportunity to amend his complaint to cure these deficiencies to the extent he is able to do so in

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good faith. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what

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each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556

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U.S. at 678-79. Although accepted as true, the “[f]actual allegations must be [sufficient] to raise

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a right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555 (citations omitted).

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Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated

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claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no

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“buckshot” complaints).

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Finally, Plaintiff is advised that an amended complaint supersedes the original complaint.

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Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended

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complaint must be “complete in itself without reference to the prior or superseded pleading.”

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Local Rule 220.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Clerk’s Office shall send Plaintiff a complaint form;

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Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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second amended complaint curing the deficiencies identified by the Court in this order or file a

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notice of voluntary dismissal; and

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If Plaintiff fails to file an amended complaint in compliance with this order, the

Court will recommend dismissal of this action, with prejudice, for failure to obey a court order
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and for lack of subject matter jurisdiction.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 7, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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