McFarland v. Kaiser

Filing 12

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 7/30/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 7/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ANTHONY RAY McFARLAND,
Plaintiff,

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vs.

ORDER OF DISMISSAL

KENNETH W. KAISER, in his
official and private capacities,

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For the Northern District of California

United States District Court

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No. C 11-3465 PJH (PR)

Defendant.
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This is a civil rights case filed pro se by a plaintiff currently confined at Atascadero
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State Hospital in Atascadero, California. Because the defendant is an Assistant Director of
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the FBI, the complaint was treated as being brought pursuant to Bivens v. Six Unknown
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Named Agents, 403 U.S. 388, 392-97 (1971), which provides a cause of action against
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federal employees that is somewhat similar to section 1983 civil rights actions against state
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and local governmental actors.
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The complaint was dismissed with leave to amend because plaintiff provided only
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conclusory allegations of the defendant’s role in the purported violations of his rights; he did
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not say what Kaiser actually did that caused the violations, or provide sufficient facts to
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make it plausible that defendant was personally involved in them.
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In the amendment plaintiff asserts in conclusory fashion that defendant
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communicated from his office in Washington, D.C., to local FBI agents, instructing them to
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violate his rights. His allegations as to what the local agents did are again conclusory: that
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the agents subjected him to discrimination because he is an African-American Baptist
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preacher, did not permit him to perform a citizen’s arrest, covered up crimes within their
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jurisdiction, subjected him to torture, and falsified unspecified records.

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Plaintiff’s allegations are again conclusory, and do not state facts that make it

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plausible that the defendant violated plaintiff’s rights. The complaint is DISMISSED for

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failure to state a claim. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: July 30, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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G:\PRO-SE\PJH\CR.11\MCFARLAND3465.dsm.wpd

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