Roots v. The State of California
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 9/6/2017 ORDERING the Clerk shall randomly assign a district judge to this action and RECOMMENDING this action be dismissed with prejudice because patently frivolous. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 21 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DONALD ROOTS,
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No. 2:17-cv-1566 AC P
Petitioner,
v.
ORDER and
STATE OF CALIFORNIA,
FINDINGS AND RECOMMENDATIONS
Respondent.
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Petitioner is a state prisoner incarcerated at the California Medical Facility, who proceeds
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pro se with a putative petition for writ of habeas corpus filed on July 28, 2017. This action is
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referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)
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and Local Rule 302(c).
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This court issued New Case Documents to petitioner on August 1, 2017, ECF No. 2, and,
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by order filed August 11, 2017, directed petitioner to pay the $5.00 filing fee or submit an
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application to proceed in forma pauperis, ECF No. 4. See 28 U.S.C. §§ 1914(a); 1915(a). In
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response, petitioner filed two notices that purport to demonstrate that he is a sovereign citizen
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without obligation to the government or this court, and thus stands by his alleged right to refuse to
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comply with the court’s orders. See ECF Nos. 5, 6.
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Review of the document initially filed in this action demonstrates that it is entitled “Writ
of Mandamus Privilege,” and is comprised of various pronouncements and asserted delegations of
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personal power. See ECF No. 1. The document asserts no identifiable claim, and is comprised
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only of random facts and legal pronouncements. See id.; see also ECF No. 3 (supplement).
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Whether construed as a petition under 28 U.S.C. § 2254, or a civil rights complaint under 42
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U.S.C. § 1983, the initial filing is clearly frivolous. A claim is legally frivolous when it lacks an
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arguable basis in law or in fact. See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v.
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Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984).
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This court discerns no grounds upon which to authorize this case to proceed, and finds
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that amendment would be futile. This action may be dismissed under the screening standards of
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either Rule 4, Rules Governing Section 2254 Cases (the court must dismiss a habeas petition if it
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“plainly appears from the petition and any attached exhibits that the petitioner is not entitled to
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relief in the district court”), or 28 U.S.C. § 1915A(b)(1) (the court must dismiss a civil rights
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complaint that is “frivolous, malicious, or fails to state a claim upon which relief may be
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granted”). Moreover, petitioner has expressly refused to abide by the court’s orders, which
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provides an independent ground for dismissal. See Fed. R. Civ. P. 41(b) (authorizing dismissal of
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an action due, inter alia, to a plaintiff’s failure to comply with a court order); see also Local Rule
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110 (“Failure of . . . a party to comply with these Rules or with any order of the Court may be
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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
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within the inherent power of the Court.”).
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a
district judge to this action.
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Further, IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice
because patently frivolous.
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These findings and recommendations are submitted to the United States District Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty one days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. Such document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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DATED: September 6, 2017
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