Mullins v. Powers et al

Filing 3

ORDER Granting #1 Motion/Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file ( #1 -1) complaint on the docket but shall not issue summons. IT IS FURTHER ORDERED that the ( #1 -1)complaint is dismissed withoutprejudice with leave to amend. Amended Complaint deadline: 6/10/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/9/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Matthew Mullins,
Plaintiff,

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Case No. 2:24-cv-00727-APG-DJA

v.

Order

Samanta Powers, et al.,
Defendants.

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Pro se Plaintiff Matthew Mullins has submitted an application to proceed in forma

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pauperis (ECF No. 1) and a complaint (ECF No. 1-1). Because the Court finds that Plaintiff’s

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application is complete, it grants it. Because Plaintiff’s complaint fails to state a claim upon

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which relief can be granted, the Court dismisses it without prejudice.

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I.

In forma pauperis application.

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Plaintiff filed the forms required to proceed in forma pauperis (without paying the filing

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fee). (ECF No. 1). Plaintiff has shown an inability to prepay fees and costs or give security for

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them. Accordingly, the application to proceed in forma pauperis will be granted under 28 U.S.C.

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§ 1915(a). The Court will now screen Plaintiff’s complaint.

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II.

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Legal standard for screening.
Upon granting an application to proceed in forma pauperis, courts additionally screen the

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complaint under § 1915(e). Federal courts are given the authority to dismiss a case if the action is

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legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

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When a court dismisses a complaint under § 1915, the plaintiff should be given leave to amend

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the complaint with directions as to curing its deficiencies, unless it is clear from the face of the

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complaint that the deficiencies could not be cured by amendment. See Cato v. United States, 70

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F.3d 1103, 1106 (9th Cir. 1995).

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Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for dismissal of a

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complaint for failure to state a claim upon which relief can be granted. Review under Rule

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12(b)(6) is essentially a ruling on a question of law. See Chappel v. Lab. Corp. of Am., 232 F.3d

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719, 723 (9th Cir. 2000). A properly pled complaint must provide a short and plain statement of

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the claim showing that the pleader is entitled to relief. Fed. R. Civ. P. 8(a)(2); Bell Atlantic Corp.

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v. Twombly, 550 U.S. 544, 555 (2007). Although Rule 8 does not require detailed factual

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allegations, it demands “more than labels and conclusions” or a “formulaic recitation of the

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elements of a cause of action.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Papasan v.

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Allain, 478 U.S. 265, 286 (1986)). The court must accept as true all well-pled factual allegations

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contained in the complaint, but the same requirement does not apply to legal conclusions. Iqbal,

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556 U.S. at 679. Mere recitals of the elements of a cause of action, supported only by conclusory

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allegations, do not suffice. Id. at 678. Where the claims in the complaint have not crossed the

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line from conceivable to plausible, the complaint should be dismissed. Twombly, 550 U.S. at 570.

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Allegations of a pro se complaint are held to less stringent standards than formal pleadings

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drafted by lawyers. Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010) (finding that liberal

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construction of pro se pleadings is required after Twombly and Iqbal).

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Federal courts are courts of limited jurisdiction and possess only that power authorized by

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the Constitution and statute. See Rasul v. Bush, 542 U.S. 466, 489 (2004). Under 28 U.S.C.

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§ 1331, federal courts have original jurisdiction over “all civil actions arising under the

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Constitution, laws, or treaties of the United States.” Cases “arise under” federal law either when

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federal law creates the cause of action or where the vindication of a right under state law

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necessarily turns on the construction of federal law. Republican Party of Guam v. Gutierrez, 277

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F.3d 1086, 1088-89 (9th Cir. 2002). Whether federal-question jurisdiction exists is based on the

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“well-pleaded complaint rule,” which provides that “federal jurisdiction exists only when a

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federal question is presented on the face of the plaintiff’s properly pleaded complaint.”

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Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Under 28 U.S.C. § 1332(a), federal
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district courts have original jurisdiction over civil actions in diversity cases “where the matter in

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controversy exceeds the sum or value of $75,000” and where the matter is between “citizens of

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different states.” Generally speaking, diversity jurisdiction exists only where there is “complete

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diversity” among the parties; each of the plaintiffs must be a citizen of a different state than each

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of the defendants. Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996).

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III.

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Screening Plaintiff’s complaint.
Plaintiff sues USAID Director Samantha Powers; District Judge Kent J. Dawson;

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“Attorney/Government Official” Joseph Went; and “Attorney/Government Official” Robert

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Kinchloe. (ECF No. 1-1 at 2-3). He asserts that he is bringing his claims under Bivens v. Six

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Unknown Names Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and 42 U.S.C.

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§ 1983. (Id. at 3). Plaintiff alleges that the actions underlying his complaint took place from

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August 21, 2023 to the present. (Id. at 5).

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Plaintiff alleges that Judge Dawson engaged in judicial misconduct and violated his Fifth

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and Fourteenth Amendment Rights. (Id. at 6). He alleges that Powers, Kinchloe, and Went

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violated his First Amendment rights by engaging in “intimidation, harassment, and unwarranted

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surveillance.” (Id.). He alleges that Powers, Kinchloe, and Went abused their powers and

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corrupted the judicial process. (Id.).

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Plaintiff does not provide factual detail in his complaint beyond these conclusory

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allegations. Instead, he refers to an affidavit which he does not attach for a “detailed account” of

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his claims. (Id.). Without this additional detail, Plaintiff’s claims are too conclusory to state a

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claim upon which relief can be granted. Plaintiff does not provide sufficient factual detail

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describing what each Defendant did, when, and how those actions violated his rights. The Court

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thus dismisses Plaintiff’s complaint without prejudice and with leave to amend.

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IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma

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pauperis (ECF No. 1) is granted. Plaintiff shall not be required to pre-pay the filing fee.

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Plaintiff is permitted to maintain this action to conclusion without the necessity of prepayment of

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any additional fees or costs or the giving of security therefor. This order granting leave to
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proceed in forma pauperis shall not extend to the issuance and/or service of subpoenas at

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government expense.

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IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to file Plaintiff’s
complaint (ECF No. 1-1) on the docket but shall not issue summons.
IT IS FURTHER ORDERED that the complaint (ECF No. 1-1) is dismissed without

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prejudice for failure to state a claim upon which relief can be granted, with leave to amend.

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Plaintiff will have until June 10, 2024, to file an amended complaint if the noted deficiencies can

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be corrected. If Plaintiff chooses to amend the complaint, Plaintiff is informed that the Court

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cannot refer to a prior pleading (i.e., the original complaint) to make the amended complaint

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complete. This is because, generally, an amended complaint supersedes the original complaint.

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Local Rule 15-1(a) requires that an amended complaint be complete without reference to any

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prior pleading. Once a plaintiff files an amended complaint, the original complaint no longer

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serves any function in the case. Therefore, in an amended complaint, as in an original complaint,

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each claim and the involvement of each Defendant must be sufficiently alleged. Failure to

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comply with this order may result in the recommended dismissal of this case.

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DATED: May 9, 2024
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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