(PS) Singh v. City of Placerville et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 01/27/25 GRANTING 2 Motion to Proceed IFP. It is further RECOMMENDED that the 1 Complaint be dismissed without leave to amend for failure to state a claim. referred to Judge Dale A. Drozd. Objections due with in 14 days of service of these findings and recommendations. (Deputy Clerk VLC)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RAJ SINGH,
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Case No. 2:24-cv-2454-DAD-JDP (PS)
Plaintiff,
v.
ORDER; FINDINGS AND
RECOMMENDATIONS
CITY OF PLACERVILLE, et al.,
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Defendants.
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Plaintiff brings this action against defendants City of Placerville, Samuel Emerson, and
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Mark Adams. I recommend that this action be dismissed for failure to state a claim. I will grant
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plaintiff’s application to proceed in forma pauperis, which makes the showing required by 28
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U.S.C. § 1915(a).
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Screening and Pleading Requirements
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A federal court must screen the complaint of any claimant seeking permission to proceed
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in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and
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dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon
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which relief may be granted, or seeks monetary relief from a defendant who is immune from such
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relief. Id.
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A complaint must contain a short and plain statement that plaintiff is entitled to relief,
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Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its
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face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not
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require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S.
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662, 678 (2009). If the allegations “do not permit the court to infer more than the mere
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possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not
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identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024,
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1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that
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give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264
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n.2 (9th Cir. 2006) (en banc) (citations omitted).
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The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404
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U.S. 519, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it
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appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which
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would entitle him to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017).
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However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements
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of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251,
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1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).
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Analysis
Plaintiff’s one-page complaint alleges that defendant Emerson took plaintiff’s personal
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property without providing notice of compensation. ECF No. 1. Plaintiff claims that defendants
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knew he was the owner of certain personal property that was located in the City of Placerville.
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Id. He further alleges that defendants only “prosecute minorities . . . for this, [which] is
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discrimination.” Id. Lastly, he alleges that the City of Placerville has adopted unconstitutional
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practices that are contrary to public policies. Id.
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These allegations are too vague and conclusory to provide defendants adequate notice of
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the factual basis of plaintiff’s claims. Plaintiff does not identify the specific claim or claims he is
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attempting to assert, and he does not specifically explain how each defendant’s actions harmed
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him. See Jones v. Cmty. Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984) (“The plaintiff must
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allege with at least some degree of particularity overt acts which defendants engaged in that
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support the plaintiff’s claim.”) (quotations omitted). Accordingly, plaintiff’s complaint must be
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dismissed for failure to state a claim.
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Granting plaintiff leave to amend would be futile. Plaintiff has filed numerous complaints
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in this district—each relying on similarly vague and conclusory allegations—that have been
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dismissed either for failure to state a claim or lack of subject matter jurisdiction. See, e.g., Singh
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v. City of Placerville, 2:23-cv-0054-DAD-KJN (E.D. Cal. 2023) (dismissing complaint brought
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against defendants City of Placerville, Samuel Emerson, and Mark Adams for failure to state a
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claim); Singh v. City of Elk Grove, 2:23-cv-0052-DAD-CKD (E.D. Cal. 2023); Singh v. City of
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Elk Grove, 2:23-cv-0057-TLN-CKD (E.D. Cal. 2023); Singh v. Internal Revenue Service, 2:23-
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cv-0053 (E.D. Cal. 2023); Singh v. Fernandes, 2:15-cv-2663-MCE-CKD (E.D. Cal. 2015). Here,
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the complaint should be dismissed without leave to amend. See Lopez v. Smith, 203 F.3d 1122,
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1129 (9th Cir. 2000) (“Under Ninth Circuit case law, district courts are only required to grant
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leave to amend if a complaint can possibly be saved. Courts are not required to grant leave to
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amend if a complaint lacks merit entirely.”).
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Accordingly, it is hereby ORDERED that plaintiff’s application to proceed in forma
pauperis, ECF No. 2, is granted.
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Further, it is RECOMMENDED that:
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1. Plaintiff’s complaint, ECF No. 1, be DISMISSED without leave to amend for failure to
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state a claim; and
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2. The Clerk of Court be directed to 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 of
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service of these findings and recommendations, any party may file written objections with the
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court and serve a copy on all parties. Any such document should be captioned “Objections to
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Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed
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within fourteen days of service of the objections. The parties are advised that failure to file
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objections within the specified time may waive the right to appeal the District Court’s order. See
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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
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1991).
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IT IS SO ORDERED.
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Dated:
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January 27, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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