Spencer v. Johanson
Filing
4
ORDER Granting 2 Motion to Proceed in Forma Pauperis; Order Denying 3 Motion for Appointment of Counsel; and Order of Dismissal. The IFP motion shows Spencer lacks the funds to pay the filing fee, and the motion is granted. The complaint is dism issed without prejudice for failure to state a claim, and for failure to invoke the Court's jurisdiction. The motion for appointment of counsel is denied as moot. Signed by Judge Larry Alan Burns on 9/11/2017. (All non-registered users served via U.S. Mail Service)(lrf) Modified on 9/12/2017 to update docket text (lrf).
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
ALONZO SPENCER,
Case No.: 17cv1798-LAB (JLB)
Plaintiff,
12
13
v.
14
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS;
PIER JOHANSON,
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL;
AND
Defendant.
15
16
17
18
ORDER OF DISMISSAL
Plaintiff Alonzo Spencer, proceeding pro se, filed his complaint in this case along
19
with a motion to proceed in forma pauperis and a motion for appointment of counsel.
20
The IFP motion shows Spencer lacks the funds to pay the filing fee, and the motion is
21
GRANTED. The motion for appointment of counsel, however, is incomplete. Spencer
22
used a form to prepare this motion. In the area where he was to have described his efforts
23
to find an attorney to represent him, Spencer has said nothing.
24
A complaint filed by any person seeking to proceed IFP pursuant to 28 U.S.C.
25
§ 1915(a) is subject to a mandatory and sua sponte review and dismissal by the court to
26
the extent it is “frivolous, malicious, fails to state a claim upon which relief may be
27
granted, or seeks monetary relief from a defendant immune from such relief.” 28 U.S.C.
28
§ 1915(e)(2)(B).
1
17cv1798-LAB (JLB)
1
Under Fed. R. Civ. P. 8(a), every complaint filed in federal court must contain a
2
short and plain statement of the grounds for the Court’s jurisdiction, and a short and plain
3
statement of the claim showing that the plaintiff is entitled to relief. The complaint,
4
which is illegible in places, alleges that Spencer worked for Falkenburg/Gilliam, Inc.
5
Later Pier Johanson was hired. Spencer alleges that Johanson harassed him on the job.
6
The complaint also says Johanson “took the Plaintiff to his Kang[a]roo Court” after
7
which Spencer was fired. Spencer is suing Johanson only, not Falkenburg/Gilliam or
8
anyone else. A review of state court records shows that spencer sued Johanson in 2009
9
for harassment, and Falkenberg/Gilliam Associates in 2013 for wrongful termination. 1
10
Besides failing to state a claim, the complaint identifies no basis for the Court’s
11
exercise of jurisdiction in this case. Spencer’s alleged harassment by a co-worker might
12
be actionable in state court, but it is not actionable here. Furthermore, it appears Spencer
13
already brought his claims in state court, which deprives this Court of jurisdiction to hear
14
them, under the Rooker-Feldman doctrine. See Noel v. Hall, 341 F.3d 1148, 1154–56 (9th
15
Cir. 2003).
16
Even if Spencer had shown why counsel could or should be appointed, he is not
17
bringing any claims over which the Court can exercise jurisdiction. The complaint is
18
DISMISSED WITHOUT PREJUDICE for failure to state a claim, and for failure to
19
invoke the Court’s jurisdiction. The motion for appointment of counsel is DENIED AS
20
MOOT.
21
22
IT IS SO ORDERED.
Dated: September 11, 2017
23
24
25
26
27
28
1
Spencer’s spelling of these parties’ names has been inconsistent, but the two state law cases appear to
involve the exact same people. In the 2009 state court proceeding, the defendant’s name is spelled both
as “Per Johnson” and “Pierce Johnson”.
2
17cv1798-LAB (JLB)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?