MacVicar v. Adams et al

Filing 11

ORDER DISMISSING CASE. Signed by Judge James Donato on 12/29/14. (lrcS, COURT STAFF) (Filed on 12/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW MACVICAR,

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Case No. 14-cv-03553-JD

Plaintiff,
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v.

ORDER DISMISSING CASE

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A. ADAMS, et al.,

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Defendants.

United States District Court
Northern District of California

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This is a civil rights case filed pro se by state prisoner. On September 4, 2014, the Court

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found that plaintiff had failed to state a claim and dismissed the complaint with leave to amend
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after identifying its deficiencies. The time to amend has passed and plaintiff has not filed an
amended complaint.

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Plaintiff did file a request that another individual be granted “next friend” status to litigate

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the case on plaintiff’s behalf. The Supreme Court recognized in Whitmore v. Arkansas, 495 U.S.

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149 (1990), that a third party could file and pursue a claim on behalf of a habeas petitioner1 if he

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demonstrates standing as a “next friend.” Id. at 163. A next friend does not himself become a
party to the habeas petition, “but simply pursues the cause on behalf of the detained person, who
remains the real party in interest.” Id. The Court set out “at least two firmly rooted prerequisites
to ‘next friend’ standing”:

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First, a next friend must provide an adequate explanation-such as

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inaccessibility, mental incompetence, or other disability-why the

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real party in interest cannot appear on his own behalf to prosecute
the action. Second, the next friend must be truly dedicated to the

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“Next friend” standing is generally seen in context of prisoner who is unable, because of mental
incompetence, to seek relief. However, district courts have considered its application to petitions
challenging conditions of confinement if inaccessibility can be proven. See e.g. Jones v. Corzine,
2010 WL 1948352, *14 (D.N.J. 2010).

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best interests of the person on whose behalf he seeks to litigate and
it has been further suggested that a next friend must have some

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significant relationship with the real party in interest. The burden is

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on the next friend clearly to establish the propriety of his status and

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thereby justify the jurisdiction of the court.

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Whitmore, at 163-64 (citations omitted).
Other than stating that plaintiff is a layman, plaintiff and the “next friend” have failed to
meet their burden in describing why plaintiff is unable to litigate this case and that the “next
friend” is dedicated to plaintiff’s best interests. The request is therefore denied.
Because plaintiff has not filed an amended complaint, this case is DISMISSED for failure
to state a claim upon which relief can be granted. If plaintiff wishes to continue with this case he
must file a brief motion to reopen and an amended complaint addressing the deficiencies described

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United States District Court
Northern District of California

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in the prior Court order.

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IT IS SO ORDERED.
Dated: December 29, 2014
______________________________________
JAMES DONATO

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United States District Judge
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW MACVICAR,

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Case No. 14-cv-03553-JD

Plaintiff,
v.

CERTIFICATE OF SERVICE

A. ADAMS, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on 12/29/2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Matthew MacVicar ID: AP 7085
CTF
P O Box 705
Soledad, CA 93960

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Dated: 12/29/2014
Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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