Blank v. Sacramento Public Library

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/01/2016 ORDERING that Plaintiff shall complete and refile his request for in forma pauperis status within 14 days of the issuance of this Order. Plaintiff shall file an amended Complaint within 30 days. Failure to comply with this Order may result in a recommendation that the action be dismissed. (Butolph, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL LOUIS BLANK

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No. 2:16-cv-02578 GEB GGH PS

Plaintiff,
v.

ORDER

SACRAMENTO PUBLIC LIBRARY,
Defendant.

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This court has jurisdiction to hear the matters that arise in this case pursuant to 28 U.S.C.
section 636(b)(1) and Eastern District of California Local Rule 302(c)(21).
Plaintiff has requested authority under 28 U.S.C. § 1915(a) to proceed in forma pauperis.

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Plaintiff has submitted the affidavit required by 1915(a) but he has failed to complete it insofar as

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he checked the box in section 3 indicating that he had received money in the last twelve months

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in the form of disability or workers compensation payments, but has failed to “describe . . . each

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source of money and state the amount received and what you expect you will continue to

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receive.” Plaintiff shall, therefore, be ordered to provide an amended Application to proceed in

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forma pauperis in which he completes this response within 14 days of the issuance of this order.

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I.

SCREENING

Addressing IFP status does not end the court’s inquiry, however. The federal IFP statute
requires federal courts to dismiss a case if the action is legally “frivolous or malicious,” fails to
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state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is

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immune from such relief. 28 U.S.C. § 1915(e)(2).

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Plaintiff must assist the court in making this determination by drafting his complaint so

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that it contains a “short and plain statement” of the basis for federal jurisdiction (that is, the

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reason the case is filed in this court, rather than in a state court), as well as a short and plain

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statement showing that plaintiffs are entitled to relief (that is, who harmed the plaintiffs, and in

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what way). Plaintiffs’ claims must be set forth simply, concisely and directly. See “Rule 8” of

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the Federal Rules of Civil Procedure (Fed. R. Civ. P. 8). The Federal Rules of Civil Procedure

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are available online at www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-

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rules-civil-procedure. Forms are also available to help pro se plaintiffs organize their complaint

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in the proper way. They are available at the Clerk’s Office, 501 I Street, 4th Floor, Sacramento,

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CA 95814, or online at www.uscourts.gov/forms/pro-se-forms.

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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). In reviewing a complaint under this standard, the

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court will (1) accept as true all of the factual allegations contained in the complaint, unless they

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are clearly baseless or fanciful, (2) construe those allegations in the light most favorable to the

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plaintiff, and (3) resolve all doubts in the plaintiff’s favor. See Neitzke, 490 U.S. at 327;

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Erickson v. Pardus, 551 U.S. 89, 94 (2007); Von Saher v. Norton Simon Museum of Art at

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Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011); Hebbe v. Pliler,

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627 F.3d 338, 340 (9th Cir. 2010).

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However, the court need not accept as true, legal conclusions cast in the form of factual

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allegations, or allegations that contradict matters properly subject to judicial notice. See Western

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Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981); Sprewell v. Golden State Warriors,

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266 F.3d 979, 988 (9th Cir.), as amended, 275 F.3d 1187 (2001).

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Pro se pleadings are held to a less stringent standard than those drafted by lawyers.

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Haines v. Kerner, 404 U.S. 519, 520 (1972). Pro se complaints are construed liberally and may

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only be dismissed if it appears beyond doubt that the plaintiff can prove no set of facts in support

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of his claim which would entitle him to relief. Nordstrom v. Ryan, 762 F.3d 903, 908 (9th Cir.
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2014). A pro se litigant is entitled to notice of the deficiencies in the complaint and an

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opportunity to amend, unless the complaint’s deficiencies could not be cured by amendment.

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See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).

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II.

THE COMPLAINT

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Plaintiff purports to state a claim for violation of Title VI, a federal statute, codified at 42

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U.S.C. § 2000d, against the Sacramento Public Library [hereinafter “Library”] for denying him

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access to that facility. This statute states that “No person in the United States shall, on the

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ground of race, color, or national origin, be excluded from participation in, be denied the benefits

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of, or be subjected to discrimination under any program or activity receiving Federal financial

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assistance.” Plaintiff has not identified the basis for his exclusion from the Sacramento Public

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Library. Further, he has not stated facts that would provide a basis for this court to conclude that

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the Library receives Federal financial assistance. Without such allegations regarding these two

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qualifying conditions for seeking relief under Title VI, he has failed to state a claim for relief

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that can be addressed by this court. The court will, however, give plaintiff an opportunity to

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amend his complaint within 30 days of the issuance of this Order if he can plead these required

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elements for a viable Title VI claim.

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IT IS THEREFORE ORDERED THAT:

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1.

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Plaintiff shall complete and refile his request for in forma pauperis status within 14

days of the issuance of this Order;
2.

Plaintiff shall file an amended Complaint within 30 days of the issuance of this

Order that conforms to the requirements discussed.
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Failure to comply with this Order may result in a recommendation that the action

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be dismissed.

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Dated: November 1, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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