Ingram v. City of Sacramento et al
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 9/27/12 GRANTING 2 Motion to Proceed IFP and RECOMMENDING that re 1 Complaint filed by Chaderick A. Ingram be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CHADERICK A. INGRAM,
Plaintiff,
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vs.
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No. CIV 2:12-cv-1978-KJM-JFM (PS)
CITY OF SACRAMENTO, et al.,
ORDER AND
Defendants.
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FINDINGS & RECOMMENDATIONS
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Plaintiff is proceeding in this action pro se. Plaintiff seeks relief pursuant to and
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has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This
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proceeding was referred to this court by Local Rule 72-302(c)(21).
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Plaintiff has submitted the affidavit required by § 1915(a) showing that plaintiff is
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unable to prepay fees and costs or give security for them. Accordingly, the request to proceed in
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forma pauperis will be granted. 28 U.S.C. § 1915(a).
The federal in forma pauperis statute authorizes federal courts to dismiss a case if
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the action is legally “frivolous or malicious,” fails to state a claim upon which relief may be
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granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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§ 1915(e)(2).
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DISCUSSION
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Legal Incompetence
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In this action, which was filed on July 30, 2012, plaintiff declares he is “a
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documented mentally disabled recipient.” Compl. at 1. In search of this documentation, the
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court has examined its docket and takes judicial notice of the proceedings in United States of
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America v. Ingram, 2:10-cr-0014 MCE (E.D. Cal.). In that criminal proceedings, plaintiff herein
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was declared legally incompetent and unrestorable based on mental health issues. See case no.
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2:10-cr-0014 MCE, Doc. Nos. 32, 39-40.
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In this action, plaintiff is neither represented by counsel nor has a guardian
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ad litem been appointed. Pursuant to Federal Rule of Civil Procedure 17(c), an incompetent
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person must proceed either through a guardian or like fiduciary for his or her own “protect[ion].”
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Thus, plaintiff’s continuation of this action without any form of representation is improper.
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2.
Failure to State a Claim
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The court further finds that plaintiff has failed to state a claim. A complaint, or
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portion thereof, should only be dismissed for failure to state a claim upon which relief may be
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granted if it appears beyond doubt that plaintiff can prove no set of facts in support of the claim
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or claims that would entitle him to relief. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)
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(citing Conley v. Gibson, 355 U.S. 41, 45-46 (1957)); Palmer v. Roosevelt Lake Log Owners
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Ass'n, 651 F.2d 1289, 1294 (9th Cir. 1981). In reviewing a complaint under this standard, the
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court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex
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Hosp. Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to
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the plaintiff, and resolve all doubts in the plaintiff's favor, Jenkins v. McKeithen, 395 U.S. 411,
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421 (1969).
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Here, plaintiff’s complaint is premised on allegations that the defendants, which
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include the City of Sacramento, the United States District Court for the Eastern District of
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California, and Magistrate Judge Carolyn Delaney, discriminated against plaintiff and violated
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his constitutional rights when they denied his application to proceed in forma pauperis and his
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motion to appoint counsel in an unspecified case filed in this district. Plaintiff also makes a
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number of incomprehensible claims against these same defendants. The court finds no
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constitutional violation on the facts alleged.
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Moreover, plaintiff’s claim against Magistrate Judge Carolyn Delaney fails as a
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matter of law because judges are entitled to absolute immunity for acts within their judicial
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capacity. Mireles v. Waco, 502 U.S. 9 (1991) (per curiam) (“[G]enerally, a judge is immune
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from a suit for money damages.”); Meek v. County of Riverside, 183 F.3d 962, 965 (9th Cir.
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1999) ( “It is well settled that judges are generally immune from civil liability under section
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1983.”); Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988). This is an immunity from
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suit, “not just from ultimate assessment of damages.” Mireles, 502 U.S. at 11. “Although
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unfairness and injustice to a litigant may result on occasion, ‘it is a general principle of the
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highest importance to the proper administration of justice that a judicial officer, in exercising the
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authority vested in him, shall be free to act upon his own convictions, without apprehension of
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personal consequences to himself.’” Mireles, 502 U.S. at 10 (citation omitted); Meek, 183 F.3d
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at 965 (“The rationale for granting judges immunity from liability for even intentional and
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malicious conduct while acting in their judicial capacity is that judges should be free to make
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controversial decisions and act upon their convictions without fear of personal liability.”). The
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actions plaintiff complains of were taken in the course of defendant Judge Delaney’s official
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judicial duties. As such, plaintiff may not maintain an action as to her. Furthermore, “judicial
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immunity is not overcome by allegations of bad faith or malice.” Mireles, 502 U.S. at 11. Thus,
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any allegations of malice are inapposite. Finally, in only two circumstances is a judge is not
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immune from liability: (1) for nonjudicial actions; and (2) for actions, though judicial in nature,
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taken in complete absence of all jurisdiction. Id. at 11–12; Schucker, 846 F.2d at 1204. Neither
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of these circumstances is present here.
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Next, plaintiff’s claims against the United States District Court Eastern District of
California and the City of Sacramento fail for failure to allege any allegations as to them.
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Plaintiff’s complaint will therefore be dismissed. Because plaintiff can prove no
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set of facts in support of the claim or claims that would entitle him to relief, the court determines
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that amendment would be futile. Gardner v. Martino, 563 F.3d 981, 990 (9th Cir. 2009).
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Accordingly, the court will recommend that dismissal be without leave to amend.
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3.
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Motion to Appoint Counsel
In his complaint, plaintiff also requests the appointment of counsel. “[T]he
appointment of counsel in a civil case is ... a privilege and not a right.” Gardner v. Madden, 352
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F.2d 792, 793 (9th Cir. 1965); see also Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009)
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(stating that “[g]enerally a person has no right to counsel in civil actions”). The court “may
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under ‘exceptional circumstances’ appoint counsel for indigent civil litigants pursuant to 28
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U.S.C. § 1915(e)(1).” Palmer, 560 F.3d at 970 (citation omitted). To determine whether
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“exceptional circumstances” are present, the “court must evaluate the likelihood of success on
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the merits as well as the ability of the petitioner to articulate his claims pro se in light of the
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complexity of the legal issues involved.” Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983).
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For the reasons previously stated, the court concludes that plaintiff has not
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demonstrated a likelihood of success on the merits or that this failure is due to either his
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difficulty articulating claims as a pro se litigant or the complexity of the legal issues involved.
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Accordingly, this request will be denied.
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Based on the foregoing, IT IS HEREBY ORDERED that plaintiff’s request to
proceed in forma pauperis is granted; and
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IT IS HEREBY RECOMMENDED that this action be dismissed.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen
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days after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge's Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: September 27, 2012.
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