King v. Child Support Enforcement Agency et al
Filing
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ORDER RE: PRE-FILING SCREENING. Signed by Judge Jacqueline Scott Corley on 1/28/2025. (ahm, COURT STAFF) (Filed on 1/28/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TROY DEMOND KING,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 3:25-mc-80014-JSC
ORDER RE: PRE-FILING SCREENING
v.
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CHILD SUPPORT ENFORCEMENT
AGENCY, et al.,
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Defendants.
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Plaintiff Troy Demond King is subject to a vexatious litigant order, and so, the
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undersigned, as duty judge, must determine whether this action may be filed. The vexatious
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litigant order entered against Mr. King provides: “The Clerk of Court shall not file or accept any
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new complaints filed by Troy Demond King against government agencies or their representatives
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or against financial services institutions, unless and until that complaint has first been reviewed by
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the general duty judge of this Court and approved for filing.” King v. Fidelity Investments, No. 24-
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2148-SI, Dkt. No. 21 at 9 (N.D. Cal. Sept. 20, 2024). In this action, Plaintiff brings claims against
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the Ohio Child Support Enforcement Agency, Ohio Jobs & Family Services, the State of Ohio,
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and the State of California.
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The Court DENIES Plaintiff King leave to file this action. The purported claims are
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within the scope of the prefiling review order as they are brought against government agencies.
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(Dkt. No. 1 at 2.) Upon review, the claims are subject to dismissal under the Eleventh
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Amendment and for failure to state a cognizable claim.
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First, Plaintiff’s claims against Ohio, California, and two Ohio agencies are barred by the
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Eleventh Amendment. Absent consent, the Eleventh Amendment bars a suit in federal court “in
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which the State or one of its agencies or departments is named as the defendant.” Papasan v.
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Allain, 478 U.S. 265, 276 (1986) (quoting Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S.
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89, 100 (1984)); see also McVicker v. Hartfield, No. 2:08-CV-1110, 2009 WL 2431257, at *8
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(S.D. Ohio Aug. 6, 2009) (holding [Ohio Jobs & Family Services] is an agency of the State of
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Ohio, and therefore is considered an arm of the state for purposes of Eleventh Amendment
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immunity.”). At least one of Plaintiff’s actions has previously been dismissed as barred by the
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Eleventh Amendment. See King v. Alameda Cnty. Dep’t of Child Support Servs., No. 21-CV-
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02839-SI, 2022 WL 3702100, at *3 (N.D. Cal. Aug. 26, 2022) (dismissing claim against the
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California Department of Motor Vehicles as barred by the Eleventh Amendment).
United States District Court
Northern District of California
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Second, Plaintiff’s claims are not cognizable. Plaintiff does not provide a legal basis for
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his claims against California, Ohio, or the two Ohio agencies, or identify any legal or factual basis
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for his claims. Instead, he requests “release” from an unspecified “debt” and attaches an April 20,
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2023 letter from the Department of Justice reminding colleagues that the DOJ “is committed to
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working with state and local courts and juvenile justice agencies to ensure that their assessment of
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fines and fees is constitutional and nondiscriminatory.” (Dkt. No. 1 at 3-6.) These allegations fail
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to state a cognizable claim for relief. See Whitaker v. Tesla Motors, Inc., 985 F.3d 1173, 1176
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(9th Cir. 2021) (holding a complaint “require[s] well-pleaded facts, not legal conclusions [] that
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plausibly give rise to an entitlement to relief.”) (cleaned up).
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Accordingly, the Clerk shall not accept the Complaint. The Clerk is requested to the close
the case. No further filings will be accepted in this matter.
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IT IS SO ORDERED.
Dated: January 28, 2025
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JACQUELINE SCOTT CORLEY
United States District Judge
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