Barnes v. Castellanos et al

Filing 10

ORDER signed on 5/5/2014 by Judge Saundra Brown Armstrong DISMISSING ACTION. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 5/7/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TURELL L. BARNES SR.,

Case No: C 14-00911 SBA

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Plaintiff,
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ORDER DISMISSING
ACTION

vs.
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JUDGE CECILIA CASTELLANOS, et.al.,
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Defendants.
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On February 28, 2014, Turell L. Barnes, Sr. (“Plaintiff”), proceeding pro se,

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commenced the instant civil rights action1 against various attorneys and state court judges

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(collectively, “Defendants”) arising out of the alleged taking of his home without due

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process or just compensation. Compl., Dkt. 1. Plaintiff has also filed an application to

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proceed in forma pauperis (“IFP”). As will be set forth below, the Court dismisses the

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action pursuant to 28 U.S.C. § 1915(e)(2), and denies Plaintiff’s IFP application as moot.

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I.

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LEGAL STANDARD
Under 28 U.S.C. § 1915(e)(2), federal courts are authorized to review claims filed

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IFP prior to service and to dismiss the case at any time if the court determines that: (1) the

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allegation of poverty is untrue; (2) the action is frivolous or malicious; (3) the action fails to

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state a claim; or (4) the action seeks monetary relief from a defendant who is immune from

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such relief. A pleading filed by a pro se plaintiff must be liberally construed. Balistreri v.

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Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).

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Plaintiff has styled his pleading as a “Petition for Writ of Certiorari.” Dkt. 1. The
Court construes this document to be a complaint filed against the individuals named in the
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To determine whether an IFP complaint passes muster under § 1915, the Court

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applies the same standard applicable to motions to dismiss under Rule 12(b)(6) of the

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Federal Rules of Civil Procedure. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.

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1998). A complaint may be dismissed under Rule 12(b)(6) for failure to state a claim if the

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plaintiff fails to state a cognizable legal theory, or has not alleged sufficient facts to support

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a cognizable legal theory. Somers v. Apple, Inc., 729 F.3d 953, 959 (9th Cir. 2013). “To

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survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as

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true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S.

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662, 678, (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim

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has facial plausibility when a plaintiff “pleads factual content that allows the court to draw

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the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556

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U.S. at 678.

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II.

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DISCUSSION
It is undisputed that this case is related to Barnes v. Eugene Schneider, et al., C 13-

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5333 SBA, which was dismissed without leave to amend on April 21, 2014 for failure to

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state a claim. See C 13-5333 SBA, Dkt. 7. In the related action, Plaintiff alleged claims

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against Judge Cecilia Castellanos (“Judge Castellanos”), Eugene Schneider (“Schneider”),

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and the State of California. See C 13-5333 SBA, Dkt. 1. In the instant action, in addition

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to alleging claims against Judge Castellanos and Schneider, Plaintiff alleges claims against

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numerous judges (collectively, “judge defendants”) and attorneys (collectively, “attorney

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defendants”). Id. Plaintiff, however, does not allege any claims against the State of

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California.

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Although not entirely clear, it appears that the facts giving rise to the instant action

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are the same as those giving rise to the related action. In the related action, the complaint

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alleged that an “illegal probate” was filed against Plaintiff’s real property2 by Schneider

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and his client Armaline Childress. See C 13-5333 SBA, Compl. ¶ 2, Dkt. 1. According to

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The real property is located at 6919 Hamilton Street, Oakland, California. See C
13-5333 SBA, Compl. ¶ 2, Dkt. 1.
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Plaintiff, Schneider failed to provide “Notice of Hearing to any heirs or party of interest,

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thereby violating the statutory laws that govern Probate.” Id. The complaint further

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alleged that Judge Castellanos willfully deprived Plaintiff of rights protected by the

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Constitution by: (1) “appointing . . . Schneider as “Special Administer”; (2) “[a]llowing

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proceeding in a close probate to continue”; and (3) “[d]isregarding to adhere to due process,

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equal protection and judicial procedures.” Id. Plaintiff asserted that “upon the disregards

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to adhere to due process, equal protection, judicial procedures, plaintiff was deprived

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enjoyment of his real property. Resulting in a[] loss of ownership of the real property and

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slander of the title, causing an injury in the sum of $1,000,000.00.” Id. ¶ 5. In that action,

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Plaintiff sought, among other things, compensatory damages in the amount of $1,000,000,

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an order declaring that the judgment entered in the probate matter is “null and void,” and an

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order reflecting that Plaintiff is the owner of the subject property. Id. at 4.

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In the instant action, Plaintiff alleges that “he has been forced into a fictional

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contract, under threat and duress, and his home taken without the essential rights as

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afforded in the 5th Amendment.” Compl. at 4. He further alleges that “[t]he Alameda

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County Superior Court judges listed in the Complaint hindered the execution of the laws of

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the State . . . depriving [him] of [the] . . . protections in the Constitution. . . .” Compl. at 3.

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Plaintiff asserts that he “petitioned the court with evidence of true and correct records of

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ownership, to only be ignored, rules and procedures twisted, manufactured facts,

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obstruction of the records and allowed infirm claims and dismissed valid claims.” Id. By

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this action, Plaintiff “seeks review of the Federal Court’s order mandating a cease and

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desist for violation of due process and constitutional violations.” Id.

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A.

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To the extent that Plaintiff asks this Court to issue an order disrupting or undoing a

Rooker-Feldman Doctrine

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prior state-court judgment, his action is barred under the Rooker-Feldman doctrine. See

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Bianchi v. Rylaarsdam, 334 F.3d 895, 901 (9th Cir. 2003) (“Rooker–Feldman bars any suit

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that seeks to disrupt or undo a prior state-court judgment. . . .”); Kougasian v. TMSL, Inc.,

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359 F.3d 1136, 1139 (9th Cir. 2004) (holding that the Rooker-Feldman doctrine bars
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federal district courts “from exercising subject matter jurisdiction over a suit that is a de

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facto appeal from a state court judgment.”). The above notwithstanding, Plaintiff’s claims

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fail on the merits, for the reasons set forth below.

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B.

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A judge is absolutely immune from civil liability for acts performed in her judicial

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capacity. See Stump v. Sparkman, 435 U.S. 349, 356-357 (1978) (holding that a judge is

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absolutely immune from § 1983 damages even if the action he took “was in error, was done

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maliciously, or was in excess of his authority”); accord Moore v. Brewster, 96 F.3d 1240,

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1243 (9th Cir. 1996) (superseded by statute on other grounds). Such immunity extends to

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claims for damages as well as claims for declaratory, injunctive and other equitable relief.

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Mullis v. U.S. Bankruptcy Court, 828 F.2d 1385, 1394 (9th Cir. 1987). Here, there is

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nothing in the complaint indicating that the claims alleged against the judge defendants are

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predicated on anything other than actions they undertook in their judicial capacity.

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Accordingly, because judges are absolutely immune for judicial acts, Plaintiff’s claims

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against the judge defendants are DISMISSED without leave to amend. See Harvey v.

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Waldron, 210 F.3d 1008, 1012 (9th Cir. 2000), overruled on other grounds by Wallace v.

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Kato, 549 U.S. 384 (2007).

Claims Against the Judge Defendants

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C.

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To state a claim under § 1983, a plaintiff must allege two essential elements:

Claims Against the Attorney Defendants

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(1) that a right secured by the Constitution or laws of the United States was violated; and

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(2) that the alleged violation was committed by a person acting under the color of state law.

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See West v. Atkins, 487 U.S. 42, 48 (1988). No liability for constitutional violations may

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attach to actions undertaken by private individuals. See Van Ort v. Estate of Stanewich, 92

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F.3d 831, 835 (9th Cir. 1996). Here, there is nothing in the complaint suggesting that any

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of the attorney defendants acted in a capacity other than as a lawyer in private practice.

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Therefore, because there are no facts showing that any of the attorney defendants acted

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under color of state law, Plaintiff cannot state a § 1983 claim against them. See Simmons

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v. Sacramento County Superior Court, 318 F.3d 1156, 1161 (9th Cir. 2003). Accordingly,

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the claims alleged against the attorney defendants are DISMISSED without leave to amend.

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III.

CONCLUSION

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For the reasons stated above, IT IS HEREBY ORDERED THAT:

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The complaint is DISMISSED without leave to amend.

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2.

Plaintiff’s IFP application is DENIED as MOOT.

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3.

The Clerk shall close the file and terminate any pending matters.

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IT IS SO ORDERED.

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Dated:

5/5/2014

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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