Easley v. CDC - California Department of Corrections et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/2018 GRANTING 2 Motion to Proceed IFP. Plaintiff's complaint is DISMISSED, but with leave to amend. Within 28 days of this order, plaintiff shall file either (a) a first amended complaint in accordance with this order, or (b) a notice of voluntary dismissal of the action without prejudice. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVEN EASLEY,
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Plaintiff,
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No. 2:18-cv-00668-KJM-KJN PS
v.
ORDER
CDC – CALIFORNIA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants.
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Plaintiff Steven Easley, who is proceeding without counsel in this action, has requested
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leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) Plaintiff’s
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application in support of his request to proceed in forma pauperis makes the showing required by
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28 U.S.C. § 1915. Accordingly, the court grants plaintiff’s request to proceed in forma pauperis.
The determination that a plaintiff may proceed in forma pauperis does not complete the
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required inquiry. Pursuant to 28 U.S.C. § 1915, the court is directed to dismiss the case at any
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time if it determines that the allegation of poverty is untrue, or if the action is frivolous or
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malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against
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an immune defendant.
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This action proceeds before the undersigned pursuant to Local Rule 302(c)(21) and 28 U.S.C. §
636(b)(1).
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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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To avoid dismissal for failure to state a claim, a complaint must contain more than “naked
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assertions,” “labels and conclusions,” or “a formulaic recitation of the elements of a cause of
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action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (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, 556 U.S. 662, 678 (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, 556 U.S.
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at 678. When considering whether a complaint states a claim upon which relief can be granted,
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the court must accept the well-pled factual allegations as true, Erickson v. Pardus, 551 U.S. 89, 94
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(2007), and construe the complaint in the light most favorable to the plaintiff, see Scheuer v.
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Rhodes, 416 U.S. 232, 236 (1974).
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Pro se pleadings are liberally construed. See Haines v. Kerner, 404 U.S. 519, 520-21
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(1972); Balistreri v. Pacifica Police Dep’t., 901 F.2d 696, 699 (9th Cir. 1988). Unless it is clear
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that no amendment can cure the defects of a complaint, a pro se plaintiff proceeding in forma
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pauperis is ordinarily entitled to notice and an opportunity to amend before dismissal. See Noll
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v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987); Franklin v. Murphy, 745 F.2d 1221, 1230 (9th
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Cir. 1984).
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Here, plaintiff’s complaint is rambling and difficult to follow. The complaint names the
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Sacramento Sheriff’s Department, the California Department of Corrections, and the
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Neighborhood Crime Watch, as defendants. (ECF No. 1 at 6–7.) It invokes federal question
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jurisdiction for purported violations of federal guidelines, conspiracy to commit murder, and
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terrorism to the state. (Id. at 10.)
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The complaint appears to detail plaintiff’s November 4, 2011 arrest, for an alleged
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probation violation, followed by his brief incarceration, during which time plaintiff was allegedly
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physically injured by officers employed by the Sacramento County Sheriff’s Department. (Id. at
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12–16.) Then, the complaint lists a number of conclusory and confusing allegations that some
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unnamed conspirators have variously tampered with plaintiff’s home computer; stolen and hidden
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items from him; urinated in his milk; threatened his daughter in Kansas City, Missouri; attempted
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murder and assault; among other unclear allegations. 2 (Id. at 16–20.)
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The complaint does not properly state a claim under any federal law. Indeed, to the extent
that plaintiff alleges criminal conduct (e.g. conspiracy to attempt murder), plaintiff has no
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authority to prosecute alleged criminal conduct in federal court, as a private individual. Criminal
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prosecutions must be initiated by the proper authorities, such as the Office of the United States
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Attorneys. For these reasons, the complaint is subject to dismissal.
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At the same time, construed liberally, it appears that plaintiff may be attempting to state
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claims under 42 U.S.C. § 1983 for alleged violations of his constitutional rights. In light of
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plaintiff’s pro se status, and because it is at least conceivable that plaintiff could allege additional
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facts to potentially state a claim under § 1983, the court finds it appropriate to grant plaintiff an
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opportunity to amend the complaint.
If plaintiff elects to file an amended complaint, it shall be captioned “First Amended
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Complaint,” shall be typed or written in legible handwriting, shall address the deficiencies
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outlined in this order, and shall be filed within 28 days of this order.
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Plaintiff is informed that the court cannot refer to a prior complaint or other filing in order
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to make plaintiff’s first amended complaint complete. Local Rule 220 requires that an amended
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complaint be complete in itself without reference to any prior pleading. As a general rule, an
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At one point, plaintiff references illicit drug use, further confusing matters:
Since Nov. 4th 2011 I had to use Meth in order to learn why the
world as I once knew it had not only turn[ed] its back on me, but
everyone that I knew, or know, even those I didn’t know were
allowed to steal, lie and threaten me. . .
(ECF No. 1 at 22.)
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amended complaint supersedes the original complaint, and once the first amended complaint is
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filed, the original complaint no longer serves any function in the case.
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Finally, nothing in this order requires plaintiff to file a first amended complaint. If
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plaintiff determines that he is unable to amend his complaint in compliance with the court’s order
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at this juncture, he may alternatively file a notice of voluntary dismissal of his claims without
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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) within 28 days of this order.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is granted.
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2. Plaintiff’s complaint is dismissed, but with leave to amend.
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3. Within 28 days of this order, plaintiff shall file either (a) a first amended complaint in
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accordance with this order, or (b) a notice of voluntary dismissal of the action without
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prejudice.
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4. Failure to file either a first amended complaint or a notice of voluntary dismissal by
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the required deadline may result in the imposition of sanctions, including potential
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dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure
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41(b).
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IT IS SO ORDERED.
Dated: April 12, 2018
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