Cavness v. Blum et al

Filing 7

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 5/9/2017. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 5/9/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DONALD EUGENE CAVNESS, P38865, )
)
) No. C 17-0811 CRB (PR)
Plaintiff(s),
)
) ORDER OF DISMISSAL
vs.
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)
H. L. BLUM, et al.,
)
)
Defendant(s).
)

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Plaintiff, a prisoner at San Quentin State Prison, has filed a pro se

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complaint under 42 U.S.C. § 1983 seeking $100,000,000 from California

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Department of Public Health Registrar H. L. Blum and former United States

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Secretary of the Treasury Jacob Lew. But the complaint is incomprehensible; at

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best, it appears that plaintiff takes issue with his birth certificate because it

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somehow associates him, an “American National of the Moorish Nation,” with a

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“‘Public Office’ in the United States Treasury Department of Health Vital

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Records, Internal Revenue Service and U.S. Department of Commerce by virtue

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of Certificate of Live Birth, State of California Certification of Vital Record.”

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Compl. (ECF No. 1) at 4.

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Plaintiff’s incomprehensible complaint is DISMISSED as frivolous under

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the authority of 28 U.S.C. § 1915A(b) because it is without an arguable basis in

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law. See Jackson v. Arizona, 885 F.2d 639, 641 (9th Cir. 1989). There is no

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indication whatsoever that a right secured by the Constitution or laws of the

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United States was violated by a person acting under the color of state law. See

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West v. Atkins, 487 U.S. 42, 48 (1988).

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The clerk shall terminate all pending motions as moot and close the file.

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SO ORDERED.

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DATED: May 9, 2017

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CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.17\Cavness, D.17-0811.dismissal.wpd

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