Rasheed v. I.R.S. Representative

Filing 14

ORDER DISMISSING CASE WITH LEAVE TO AMEND. Amended Pleadings due by 5/8/2015. Signed by Judge Vince Chhabria on 4/8/2015. (knm, COURT STAFF) (Filed on 4/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAHEE RASHEED,

Case No. 14-cv-05357-VC

Plaintiff,
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v.

ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

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I.R.S. REPRESENTATIVE, et al.,

Re: Dkt. No. 11

Defendants.
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United States District Court
Northern District of California

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On December 5, 2014, the plaintiff filed his initial complaint. On December 9, 2014, the

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Court granted the plaintiff's application to proceed in forma pauperis. On February 20, 2015, the

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plaintiff filed an amended complaint.

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Under 28 U.S.C. § 1915, the Court has a continuing duty to dismiss any case in which a
party seeks leave to proceed in forma pauperis if the Court determines that the action (1) is
frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks
monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). As
presently drafted, the complaint fails to state a cognizable claim. Rule 8 of the Federal Rules of
Civil Procedure provides that to state a claim, a pleading must contain, among other things, "a
short and plain statement of the claim showing that the pleader is entitled to relief." The Supreme
Court has made clear that while "showing" an entitlement to relief does not require "detailed

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factual allegations," it does "demand[] more than an unadorned, the-defendant-unlawfully23
harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, (2009) (citing Bell Atlantic Corp. v.
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Twombly, 550 U.S. 544, 555 (2007)).
The plaintiff's amended complaint states that the plaintiff granted an unnamed agent of the
Internal Revenue Service a "power of attorney to manage his Home Property." The complaint
appears to allege that the agent has used this power of attorney to take the plaintiff's money and

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other property without the plaintiff's consent. The plaintiff further alleges that the agent is

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"claiming partnership in [the plaintiff's] company without notification to [the plaintiff]." The

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complaint does not explain the circumstances behind the plaintiff's granting the agent a power of

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attorney. Nor does it identify what "other property" was taken, or explain when or how the agent

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took the plaintiff's money and property. And the complaint does not provide any details about the

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plaintiff's company, or explain how the agent is claiming a partnership interest in it.
The complaint also names as defendants "Warden Grounds" and the "Supervisor of Trust,"

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and alleges that these defendants somehow acted in concert to discriminate against the plaintiff
and "deprive him of all of his money." But the complaint does not offer any facts about how these
defendants discriminated against the plaintiff, or what actions they took to deprive him of his
money.

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United States District Court
Northern District of California

Without these facts, the complaint "do[es] not permit the court to infer more than the mere
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possibility of misconduct," and so fails to state a claim showing that the plaintiff is entitled to
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relief. Iqbal, 558 U.S. at 669. Accordingly, the complaint is dismissed. In light of his pro se
status, the plaintiff will be given leave to amend. If the plaintiff elects to amend, he must do so no
later than May 8, 2015.
The Court directs the plaintiff's attention to the Handbook for Pro Se Litigants, which is

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available, along with further information, on the Court’s website located at

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http://cand.uscourts.gov/proselitigants. The plaintiff may also wish to seek free limited legal

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assistance from the Federal Pro Bono Project by calling the appointment line at [phone] or

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by signing up in the appointment book located outside the door of the Project on the 15th floor of

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the Courthouse building. Through the Project, the plaintiff can speak with an attorney who will

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provide basic guidance (although not legal representation).

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The case management conference scheduled for Tuesday, April 14, 2015, is vacated.

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IT IS SO ORDERED.
Dated: April 8, 2015
______________________________________
VINCE CHHABRIA
United States District Judge
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAHEE RASHEED,

Case No. 14-cv-05357-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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I.R.S. REPRESENTATIVE, 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.
That on 4/8/2015, 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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Tahee Rasheed
3554 17th Street #2
San Francisco, CA 94110

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Dated: 4/8/2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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