Houston v. Sacramento County Superior Courts et al

Filing 12

ORDER to SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 08/23/17 ordering plaintiff shall show cause in writing within 30 days of the date of this order, why this action should not be dismissed for failure to state a claim. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON LLOYD HOUSTON,

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No. 2:16-CV-0869-CMK-P

Plaintiff,
vs.

ORDER

SACRAMENTO COUNTY
SUPERIOR COURT, et al.,

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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s complaint (Doc. 1).
The court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or

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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover,

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the Federal Rules of Civil Procedure require that complaints contain a “. . . short and plain

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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2).
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This means that claims must be stated simply, concisely, and directly. See McHenry v. Renne,

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84 F.3d 1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied

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if the complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon

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which it rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must

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allege with at least some degree of particularity overt acts by specific defendants which support

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the claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is

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impossible for the court to conduct the screening required by law when the allegations are vague

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and conclusory.

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Plaintiff names the following as defendants: (1) Sacramento County Superior

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Court; and (2) Sacramento County. Plaintiff states that he was booked into the Sacramento

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County Jail in June 26, 2015, and bail was set at $645,000.00, which included a $500,000.00

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“bail enhancement” for a prior serious felony conviction. Plaintiff alleges that the bail amount

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was unconstitutional.

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While plaintiff states that his bail amount was unconstitutional, plaintiff does not

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state why. According to the complaint, plaintiff was booked on charges of violations of

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California Penal Code § 29800 – felon in possession of a firearm – and California Penal Code

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§ 30305 – possession of ammunition by a prohibited person. Plaintiff admits in his complaint a

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prior serious felony conviction. Finally, plaintiff admits that he pleaded no-contest to these

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charges. Assuming for the moment that plaintiff’s claim of excessive bail is cognizable under

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§ 1983 and assuming that his claim is not moot because he pleaded no-contest, plaintiff has not

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alleged any facts to indicate that bail was set at a figure higher than was reasonably calculated to

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ensure his appearance. See Stack v. Boyle, 342 U.S. 1 (1951).

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Because it does not appear possible that the deficiencies identified herein can be

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cured by amending the complaint, plaintiff is not entitled to leave to amend prior to dismissal of

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the entire action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc).

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Plaintiff shall show cause in writing, within 30 days of the date of this order, why this action
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should not be dismissed for failure to state a claim. Plaintiff is warned that failure to respond to

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this order may result in dismissal of the action for the reasons outlined above, as well as for

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failure to prosecute and comply with court rules and orders. See Local Rule 110.

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IT IS SO ORDERED.

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DATED: August 23, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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