Simmons v. The United States et al

Filing 3

ORDER DISMISSING CASE. Signed by Judge William Alsup on 3/24/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 3/25/2011)

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Simmons v. The United States et al Doc. 3 1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 MELVIN JOSEPH SIMMONS, Plaintiff, vs. THE UNITED STATES; EDMUND JERRY BROWN; ROBERT MOSEY; ERIC HOLDER; BARAK OBAMA; Defendants. / 16 17 18 19 20 21 22 23 24 25 26 27 28 A. STANDARD OF REVIEW Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the INTRODUCTION Plaintiff, a California prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983. ANALYSIS No. C 11-0866 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although in order to state a claim a complaint "does not need detailed factual allegations, . . . a plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id. at 1974. To state a claim under 42 U.S.C. 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged deprivation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). B. LEGAL CLAIMS Plaintiff's makes a variety of allegations that are difficult to understand. The crux of his complaint is that as a consequence of his conviction in state court in 1987, he has been imprisoned and thereby suffered forcible detention, violations of his privacy, and other infringements on his rights. He complains that the United States of America, the President of the United States, and the United States Attorney General and one of his deputies have failed to intervene and order his release from prison. He complains that the California Attorney General is responsible for his imprisonment. He requests, among other things, that his conviction be expunged. Any claim by a prisoner attacking the fact or duration of his confinement must be brought under the habeas sections of Title 28 of the United States Code. Calderon v. Ashmus, 523 U.S. 740, 747 (1998). As plaintiff's claims challenge the validity of his state court conviction, they must be brought under Title 28 of the United States Code, Section 2254, not in a civil rights action. This case will be dismissed without prejudice to plaintiff doing so. 2 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 Dated: March 7 8 9 10 24 , 2011. CONCLUSION For the reasons set out above, this case is DISMISSED without prejudice to plaintiff's raising his claims in a petition for a writ of habeas corpus. The clerk shall enter judgment and close the file. IT IS SO ORDERED. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 G:\PRO-SE\WHA\CR.11\SIMMONS0866.DSM.wpd 23 24 25 26 27 28 3

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