Katumbusi v. County of Sacramento
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/29/15 recommending that this action be dismissed. F&R referred to Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FATIMA KATUMBUSI,
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Plaintiff,
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No. 2:15-cv-1046 KJM CKD PS
v.
FINDINGS AND RECOMMENDATIONS
COUNTY OF SACRAMENTO, et al.,
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Defendants.
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Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has filed a
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third amended complaint.
The federal in forma pauperis statute authorizes federal courts to dismiss a case if the
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action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted,
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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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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th
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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an
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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
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490 U.S. at 327.
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In order to avoid dismissal for failure to state a claim a complaint must contain more than
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“naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause
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of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words,
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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory
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statements do not suffice.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Furthermore, a claim
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upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A
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claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw
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the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S. Ct.
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at 1949. When considering whether a complaint states a claim upon which relief can be granted,
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the court must accept the allegations as true, Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007),
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and construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416
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U.S. 232, 236 (1974).
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In this action, plaintiff alleges a variety of claims against various governmental entities
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and social service workers. Plaintiff complains about actions taken in connection with her teen-
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aged daughters. In the complaint, plaintiff alleges that her daughters are uncontrollable, defiant,
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habitually refuse to obey their parents and disregard authority. Plaintiff complains about actions
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taken by Child Protective Services and other agencies. Although plaintiff sets forth a long litany
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of actions taken by defendants with respect to placing her children in foster care and juvenile
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dependency hearings, plaintiff fails to state a claim under the Civil Rights Act.
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Plaintiff was previously advised of the standards for stating a claim under 42 U.S.C. §
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1983. The third amended complaint does not cure the pleading deficiencies evident in the
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original, first or second amended complaint. Plaintiff fails to demonstrate how the conduct of
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each defendant resulted in a deprivation of plaintiffs’ federal rights. See Ellis v. Cassidy, 625
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F.2d 227 (9th Cir. 1980). In addition, plaintiff names as defendants various public entities but
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fails to allege a custom or policy sufficient to give rise to municipal liability. See Monell v.
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Department of Social Servs., 436 U.S. 658 (1978) (liability of municipality under section 1983
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must rest on official policy giving rise to the alleged constitutional deprivation).
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Plaintiff has now filed four complaints in this action. Plaintiff has been advised of the
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standards for stating a claim under 42 U.S.C. section 1983. Like the prior complaints which
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contained only vague and conclusory allegations, the third amended complaint still fails to state a
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claim. At best, plaintiff’s pleadings demonstrate that she has problems with her daughters and
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does not like the way the social workers have addressed her daughters’ problems. Plaintiff’s
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allegations are insufficient to state a claim pursuant to section 1983. Despite repeated
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opportunities to cure the deficiencies in his complaints, plaintiff has failed to do so. Moreover, it
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appears that further amendment would be futile.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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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. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: September 29, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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