Bobo v. Fresno County Dependency Court

Filing 4

ORDER signed by District Judge Troy L. Nunley on 8/16/17 ORDERING that The Findings and Recommendations filed 4/4/17 3 , are not adopted, except as specifically identified above. Plaintiff's 9/30/16, application to proceed in forma pauperis 2 is GRANTED. Plaintiff's 9/30/16, complaint 1 is DISMISSED with leave to amend; and Plaintiff has 30 days from the date of this Order to file an amended complaint that complies with this Order.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES LEWIS BOBO,

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Plaintiff,

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v.

No. 2:16-cv-02339-TLN-DB

ORDER

FRESNO COUNTY DEPENDENCY
COURT AND TRUST FUND,
Defendant.

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Plaintiff is proceeding pro se with the above-entitled action. The matter was referred to a
United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On April 4, 2017, the magistrate judge filed findings and recommendations herein, which

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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days after service of the findings and

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recommendations. The fourteen-day period has expired, and Plaintiff has not filed any objections

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to the findings and recommendations.

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The magistrate judge recommended that (i) Plaintiff’s application to proceed in forma

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pauperis (ECF No. 2) should be denied, (ii) Plaintiff’s complaint (ECF No. 1) should be

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dismissed without prejudice and without leave to amend, and (iii) the action should be dismissed.

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(ECF No. 3 at 6.) The Court declines to adopt these recommendations. In order to see why, the
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Court will reproduce the allegations from the Complaint in their entirety: 1

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Your Name = Charles Lewis Bobo = pro se

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...

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Jurisdiction = Katrinas Bobo Remain longterm fostercare

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Allegations = Fresno Dept of Children and Family Service trying to
locate the father of a female child born on Dec 11, 1990 father
name Charles Bobo if you father notify me in writing or call by
telephone they found me didn’t give me custody.

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Allegations = file JV-180 Request to change court order Case
#02CEJ300179 County of Fresno Dependency Court discussed
Katrinas Permanent Plan Remain Longterm Fostercare.

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Allegations = County of Fresno Dependency Court had a trust fund
in her name should be 110, 000 dollars in her trust fund.

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Allegations = My daughter start receive SSI in 1995 she was
getting 515.00 mo when she turn 18 yrs old starting getting 950.00
mo

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Relief = I want Court to grant me custody of my daughter and
500,000,000 million dollars for damage over 20 years and also
grant me her trust fund 120,000 dollars.

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(ECF No. 1 at 1–2.)

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A pro se plaintiff, like other litigants, must satisfy the pleading requirements of Federal

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Rule of Civil Procedure 8(a). The magistrate judge correctly identifies the “minimum

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requirements for a civil complaint in federal court” are contained in Rule 8(a). (ECF No. 3 at 3.)

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Those requirements are that the complaint “must contain (1) a short and plain statement of the

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grounds for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that

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the pleader is entitled to relief; and (3) a demand for the relief sought . . . .” Fed. R. Civ. P. 8(a).
The Court agrees with the magistrate judge that Plaintiff has not included a “short and

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plain statement of the grounds upon which the court’s jurisdiction depends.” (ECF No. 3 at 3.)

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The Court adopts the magistrate judge’s analysis on this point. The Court reproduces that

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analysis here:

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The basic federal jurisdiction statutes are 28 U.S.C. §§ 1331 and

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The complaint is handwritten and contains a number of typographical and grammatical errors. However,
inserting “sic” repeatedly would not be helpful.

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1332, which confer “federal question” and “diversity” jurisdiction,
respectively. Federal jurisdiction may also be conferred by federal
statutes regulating specific subject matter. “[T]he existence of
federal jurisdiction depends solely on the plaintiff’s claims for relief
and not on anticipated defenses to those claims.” ARCO Envtl.
Remediation, LLC v. Dep’t of Health & Envtl. Quality, 213 F.3d
1108, 1113 (9th Cir. 2000).

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District courts have diversity jurisdiction only over “all civil actions
where the matter in controversy exceeds the sum or value of
$75,000, exclusive of interest and costs,” and the action is between:
“(1) citizens of different States; (2) citizens of a State and citizens
or subjects of a foreign state; (3) citizens of different States and in
which citizens or subjects of a foreign state are additional parties;
and (4) a foreign state . . . as plaintiff and citizens of a State or of
different States.” 28 U.S.C. § 1332. “To demonstrate citizenship
for diversity purposes a party must (a) be a citizen of the United
States, and (b) be domiciled in a state of the United States.” Lew v.
Moss, 797 F.2d 747, 749 (9th Cir. 1986). “Diversity jurisdiction
requires complete diversity between the parties-each defendant
must be a citizen of a different state from each plaintiff.” In re
Digimarc Corp. Derivative Litigation, 549 F.3d 1223, 1234 (9th
Cir. 2008).

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(ECF No. 3 at 3.) Plaintiff’s complaint indicates that he and Defendant are citizens of California.

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Consequently, Plaintiff has not shown this Court has “diversity” jurisdiction. Plaintiff also has

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not shown there is “federal question” jurisdiction. He has neither identified any federal law that

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he believes Defendant’s conduct has violated nor has he identified any federal law that confers

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jurisdiction on this Court over his case. Therefore, the magistrate judge appropriately

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recommended the complaint be screened for failing to comply with Rule 8(a)(1).

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Rule 8(a)(2) requires that a complaint include “a short and plain statement of the claim

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showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the .

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. . claim is and the grounds upon which it rests[.]” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 554,

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562-563 (2007) (internal quotation marks and citation omitted). Here, Plaintiff has not identified

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any law that he thinks has been broken. For this reason, the Court agrees with the magistrate

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judge’s conclusion that the complaint fails to comply with Rule 8(a)(2).

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However, the Court disagrees with the magistrate judge’s conclusion that Plaintiff should

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not be granted leave to file an amended complaint. “[A] district court should grant leave to

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amend even if no request to amend the pleading was made, unless it determines that the pleading

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could not possibly be cured by the allegation of other facts.” Lopez v. Smith, 203 F.3d 1122, 1130
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(9th Cir. 2000) (en banc). Quite frankly, the complaint is too sparse to conclusively determine

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that it cannot be cured. Consequently, Plaintiff must be given the opportunity to file an amended

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complaint.

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If Plaintiff elects to file an amended complaint, it shall be captioned “First Amended

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Complaint”; shall address the deficiencies outlined above; and shall be filed within 30 days of this

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Order. Plaintiff is informed that the Court cannot refer to a prior complaint or other filing in

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order to make Plaintiff’s first amended complaint complete. Local Rule 220 requires that an

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amended complaint be complete in itself without reference to any prior pleading. As a general

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rule, an amended complaint supersedes the original complaint, and once the first amended

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complaint is filed, the original complaint no longer serves any function in the case.
Additionally, Plaintiff’s first amended complaint should also indicate the following

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information, if he knows it: (i) whether his daughter has a disability or some other reason that

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requires someone to have custody of or guardianship over her, (ii) if she does, who has custody of

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or guardianship over his daughter, (iii) whether her custodian or guardian has control or custody

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over her trust fund or account, (iv) where his daughter is staying, (v) who operates that location,

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(vi) whether there is an active case or proceeding in the Fresno County Dependency Court

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relating to his daughter’s custody or guardianship over her, (vii) if there is, the status of the case,

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and (viii) if there is not, the outcome of the case, including any appeals. Also, Plaintiff must

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specify his grounds for relief. Particularly, Plaintiff must specify the federal law or laws he

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believes Defendant has violated. This includes violations of the Constitution of the United States.

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The magistrate judge concluded that “Plaintiff’s in forma pauperis application makes the

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financial showing required by 28 U.S.C. § 1915(a)(1).” (ECF No. 3 at 2.) The Court agrees.

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Consequently, the Court finds that Plaintiff’s application should be granted. It is true, as the

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magistrate correctly notes, that “[a] district court may deny leave to proceed in forma pauperis at

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the outset if it appears from the face of the proposed complaint that the action is frivolous or

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without merit.” Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998) (emphasis added).

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However, the Court declines to do so here, particularly, in light of the Court’s conclusion that

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Plaintiff should be given leave to file an amended complaint.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 4, 2017 (ECF No. 3), are not adopted,

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except as specifically identified above;
2. Plaintiff’s September 30, 2016, application to proceed in forma pauperis (ECF No. 2)
is granted;
3. Plaintiff’s September 30, 2016, complaint (ECF No. 1) is dismissed with leave to
amend; and
4. Plaintiff has 30 days from the date of this Order to file an amended complaint that
complies with this Order.

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Dated: August 16, 2017

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Troy L. Nunley
United States District Judge

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