(PC) Van Huisen v. U.S. House of Representatives
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/03/2024 RECOMMENDING that 29 Second Amended Prisoner Civil Rights Complaint be dismissed without further leave to amend for failing to state a claim. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these Findings and Recommendations. (Murphy, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GREGORY SCOTT VAN HUISEN,
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Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
UNITED STATES HOUSE OF
REPRESENTATIVES,
Defendant.
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No. 2:23-cv-01869-KJM-CKD P
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights
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action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local
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Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
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On October 5, 2023, the court dismissed plaintiff’s complaint for failing to state a claim
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but granted him leave amend. ECF No. 13. In this screening order, plaintiff was provided with
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the appropriate legal standards governing his potential claims for relief. Id. Before the court
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could screen plaintiff’s first amended complaint, he filed a second amended complaint that is now
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the operative pleading before the court. See ECF No. 34 (Minute Order).
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I.
Screening Requirement
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As plaintiff was previously advised, the court is required to screen complaints brought by
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prisoners seeking relief against a governmental entity or officer or employee of a governmental
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entity. 28 U.S.C. § 1915A(a). The court will independently dismiss a complaint or portion
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thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state
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a claim upon which relief may be granted, or that seek monetary relief from a defendant who is
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immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
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II.
Allegations in the Second Amended Complaint
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At all times relevant to the allegations in the amended complaint, plaintiff was a prisoner
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at Mule Creek State Prison. The only defendant named in this action is Mike Johnson, Speaker of
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the United States House of Representatives. In claim one, plaintiff alleges an Eighth Amendment
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violation based on his involuntary servitude. Claim two alleges a “breach of the peace.” ECF
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No. 29 at 8. Plaintiff’s final claim asserts that “[w]e need ordination not usurpation.” ECF No.
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29 at 11. As in the original complaint, plaintiff has repeatedly included Biblical references rather
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than plainly and succinctly stating the facts that support each claim for relief.
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III.
Analysis
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After conducting the screening required by 28 U.S.C. § 1915A(a), the court finds that
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plaintiff has failed to state any claim upon which relief may be granted against defendant
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Johnson. The second amended complaint is largely non-sensical and difficult to follow. The
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amended complaint is entirely conclusory and does not contain a short and plain statement as
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required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy,
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a complaint must give fair notice and state the elements of the claim plainly and succinctly. Jones
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v. Cmty. Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Moreover, plaintiff does not allege
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any overt act which defendant engaged in that violated plaintiff’s constitutional rights. As
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plaintiff was previously advised, in order to state a claim, he must link each named defendant
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with some affirmative act or omission that demonstrates a violation of plaintiff's federal rights.
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Absent such linkage, he has failed to state a constitutional violation by defendant. For all these
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reasons, the undersigned recommends dismissing plaintiff’s second amended complaint.
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IV.
Leave to Amend
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Once the court finds that a complaint or claim should be dismissed for failure to state a
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claim, the court has discretion to dismiss with or without leave to amend. Leave to amend should
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be granted if it appears possible that the defects in the complaint could be corrected, especially if
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a plaintiff is pro se. Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) (en banc); Cato v.
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United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (“A pro se litigant must be given leave to
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amend his or her complaint, and some notice of its deficiencies, unless it is absolutely clear that
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the deficiencies of the complaint could not be cured by amendment.” (citation omitted).
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However, if, after careful consideration, it is clear that a claim cannot be cured by amendment,
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the court may dismiss without leave to amend. Cato, 70 F.3d at 1105-06. It appears to the court
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that further amendment of this case would be futile because the deficiencies have not been cured
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despite being given prior leave to amend. Therefore, the undersigned recommends that the
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amended complaint be dismissed without further leave to amend. Klamath-Lake Pharm. Ass’n v.
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Klamath Med. Serv. Bureau, 701 F.2d 1276, 1293 (9th Cir. 1983) (holding that while leave to
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amend shall be freely given, the court does not have to allow futile amendments).
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V.
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The following information is meant to explain this order in plain English and is not
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Plain Language Summary for Pro Se Party
intended as legal advice.
The court has reviewed your second amended complaint and determined that it does not
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state any federal claim for relief against the defendant because there are no alleged constitutional
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violations linked to defendant’s conduct. The undersigned is recommending that your amended
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complaint be dismissed without further leave to amend.
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If you disagree with this recommendation, you have 14 days to explain why it is not the
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correct outcome in your case. Label your explanation “Objections to Magistrate Judge’s Findings
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and Recommendations.” The district judge assigned your case will then review the case and
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make the final decision in this matter.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. Plaintiff’s second amended complaint be dismissed without further leave to amend for
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failing to state a claim; and,
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2. The Clerk of Court close this case.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: June 3, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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12/vanh1869.F&R.SAC
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