Favor v. California, State of et al

Filing 6

ORDER Granting Motion to Withdraw Complaint and Striking Motion for Extension of Time [ECF Nos. 3 , 5 ]. Signed by Judge Cathy Ann Bencivengo on 6/30/2017. (All non-registered users served via U.S. Mail Service)(jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRANDON FAVOR, CDCR #G-60488;
LUIS MANUEL GARCES,
CDCR #V-47652,

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Case No.: 3:17-cv-00587-CAB-JMA
ORDER GRANTING MOTION TO
WITHDRAW COMPLAINT AND
STRIKING MOTION FOR
EXTENSION OF TIME

Plaintiffs,

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vs.

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[ECF Nos. 3, 5]
STATE OF CALIFORNIA, et al.,

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Defendants.

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On March 20, 2017, “Brandon Favor, LLP,” a prisoner incarcerated at California

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Correctional Institution (“CCI”) in Tehachapi, filed a civil rights complaint pursuant to

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42 U.S.C. § 1983 on behalf of a fellow inmate, Manuel Luis Garces. (ECF No. 1).

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The Complaint is not signed by Garces, but is instead signed by Favor, who claims

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to be a limited liability partnership doing business as “Miller & Miller Associates, 3307

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West 43rd Street, Los Angeles, California.”1 (ECF No. 1 at 1, 8.) The pleading contains

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constitutional catchphrases like “freedom from cruel and unusual punishment,” “equal

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protection,” and “due process,” but it contains no factual allegations whatsoever, and it

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According the California State Bar website, the address provided by Favor is for Halvor Thomas Miller,
Jr., California State Bar #40247, an attorney who is no longer eligible to practice law in California. See
http://members.calbar.ca.gov/fal/Member/Detail/40247 (last visited June 29, 2017).
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3:17-cv-00587-CAB-JMA

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seeks injunctive relief preventing “further prosecution,” and ordering “immediate release

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with or by bond/bail.” (Id. at 4-7.)

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Neither Favor nor Garces paid the $400 civil filing fee required to commence a

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civil action pursuant to 28 U.S.C. § 1914(a), and neither had filed a Motion to Proceed In

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Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). Indeed, Brandon Favor, CDCR

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#G-60488, is no longer entitled to proceed IFP as a result of his frivolous filing. See

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Favor v. Richard J. Donovan Correctional Facility, et al., S.D. Cal. Civil Case No. 3:15-

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cv-01547-AJB (DHB) (Oct. 21, 2015) (Order denying leave to proceed IFP pursuant to

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28 U.S.C. § 1915(g)) (ECF No. 7); Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir.

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2007) (court “‘may take notice of proceedings in other courts, both within and without

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the federal judicial system, if those proceedings have a direct relation to matters at

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issue.’”) (quoting Bennett v. Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002)).

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Therefore, this case is subject to immediately dismissal for this reason alone.

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However, on April 5, 2017, Plaintiff Garces filed a Motion requesting the

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“withdrawal” of the Complaint “without prejudice,” acknowledging it was filed by Favor.

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Garces also requests no further “document, motion, complaint or request … be filed on

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[his] behalf … by Mr. Brandon Favor.” (ECF No. 3 at 1.)

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Conclusion and Order

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The Court construes Garces’ request as a Notice of Voluntary Dismissal and

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GRANTS his Motion to Withdraw pursuant to FED. R. CIV. P. 41(a)(1) (ECF No. 3). The

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case is DISMISSED without prejudice. Brandon Favor’s subsequent Motion for

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Extension of Time (ECF No. 5) is STRICKEN from the record.

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The Clerk shall enter judgment accordingly. IT IS SO ORDERED.
Dated: June 30, 2017

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