Goodin et al v. Laporte et al

Filing 5

REPORT AND RECOMMENDATION. IT IS RECOMMENDED that: The 1 Motion/Application for Leave to Proceed in forma pauperis is denied as moot. The Complaint (ECF No. 1 - 1 ) is dismissed in its entirety without leave to amend. Objections to R&R due by 12/10/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 11/26/2024. (Copies have been distributed pursuant to the NEF - MAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Lance Goodin and Justin Fanty,

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Plaintiffs,

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vs.

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John Laporte, et al.,

REPORT AND RECOMMENDATION

Defendants.

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2:24-cv-02156-MDC

Pending before the Court are pro se plaintiffs’ Motion/Application to Proceed In Forma

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Pauperis (ECF No. 1) and Complaint (ECF No. 1-1). For the reasons stated below, the Court

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RECOMMENDS dismissing the Complaint, in its entirety without leave to amend. The Court also

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RECOMMENDS denying the IFP application as moot.
DISCUSSION

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I. COMPLAINT
A. Legal Standard

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When a plaintiff seeks to proceed IFP, the court must screen the complaint. 28 U.S.C. § 1915(e).

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Section 1915(e) states that a “court shall dismiss the case at any time if the court determines that (A) the

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allegations of poverty is untrue; or (B) the action or appeal (i) is frivolous or malicious; (ii) fails to state

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a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is

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immune from such relief.” 28 U.S.C. §§ 1915(e)(2)(A), (B)(i)-(iii). Dismissal for failure to state a claim

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under § 1915(e) incorporates the same standard for failure to state a claim under Federal Rule of Civil

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Procedure Rule 12(b)(6). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) A complaint should be

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dismissed under Rule 12(b)(6) “if it appears beyond a doubt that the plaintiff can prove no set of facts in

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support of her claims that would entitle him to relief.” Buckley v. Los Angeles, 968 F.2d 791, 794 (9th

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Cir. 1992).

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“A document filed pro se is “to be liberally construed” and a pro se complaint, however

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inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.”

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Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)

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(internal citations omitted). If the Court dismisses a complaint under § 1915(e), the plaintiff should be

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given leave to amend the complaint with directions as to curing its deficiencies, unless it is clear from

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the face of the complaint that deficiencies could not be cured through amendment.” Cato v. United

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States, 70 F.3d 1103, 1106 (9th Cir. 1995) (emphasis added). At issue is whether plaintiff’s complaint

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states a plausible claim for relief.

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B. Analysis

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Plaintiffs’ claims are for [1] perjury under 18 U.S.C. § 1621, [2] mail theft under 18 U.S.C. §

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1708, and [3] defamation under 28 U.S.C. § 1401. Plaintiffs have failed to state a claim upon which

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relief can be granted. Therefore, the Court recommends dismissing their complaint in its entirety.

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a. Judicial Immunity

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Plaintiffs list a “Judge David Brown” as defendant. The eviction matter that seems to underly

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plaintiffs’ claims was heard by Judge David Brown. See ECF No. 1-1 at 12. Plaintiffs’ claims against

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David Brown are barred as a matter of law. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986)

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(“Judges and those performing judge-like functions are absolutely immune from damage liability for

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acts performed in their official capacities.”). “Judicial immunity applies ‘however erroneous the act may

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have been, and however injurious in its consequences it may have proved to the plaintiff.” Ashelman,

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793 F.2d at 1075 (citing Cleavinger v. Saxner, 474 U.S. 193, 106 S. Ct. 496, 500, 88 L. Ed. 2d 507

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(1985)). “A judge loses absolute immunity only when he acts in the clear absence of all jurisdictions or

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performs an act that is not judicial in nature.” Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir.

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1988) (internal citations omitted); see also Forrester v. White, 484 U.S. 219, 227, 108 S.Ct. 538, 98

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L.Ed.2d 555 (1988) (a judicial act “does not become less judicial by virtue of an allegation of malice or

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corruption of motive”); Stump v. Sparkman, 435 U.S. 349, 355–57, 98 S.Ct. 1099, 1104–05, 55 L.Ed.2d

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331 (1978) (“Grave procedural errors or acts in excess of judicial authority do not deprive a judge of this

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immunity.”). This immunity extends to hearing masters. Morrison v. Jones, 607 F.2d 1269, 1273 (9th

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Cir. 1979); Sharma v. Stevas, 790 F.2d 1486, 1488 (9th Cir. 1986); Olsen v. Idaho State Bd. of Med, 363

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F.3d 916, 923 (extending judicial immunity to "agency representatives performing functions analogous

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to those" of "a judge"). Thus, claims against Judge David Brown are barred as a matter of law.

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b. There Is No Private Right Of Action For Criminal Statutes

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Title 18 of the United States Code is the federal criminal code. See 18 U.S.C. § 1 et seq.

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(“Crimes and Criminal Procedure”). Federal criminal statutes “generally do not give rise to private

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rights of action.” Robertson v. Catholic Cmty. Servs. of W. Wash., 2023 U.S. App. LEXIS 12658, at *2

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(9th Cir. 2023) (citing Cent. Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S.

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164, 190, 114 S. Ct. 1439, 128 L. Ed. 2d 119 (1994)). Courts are reluctant to “infer a private right of

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action from ‘a bare criminal statute.’” Cent. Bank of Denver, N.A., 511 U.S. at 190. Courts have only

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conferred a private right of action where “there was at least a statutory basis for inferring that a civil

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cause of action of some sort lay in favor of someone.” Abcarian v. Levine, 972 F.3d 1019, 1026 (9th Cir.

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2020) (citing Chrysler Corp. v. Brown, 441 U.S. 281, 316, 99 S. Ct. 1705, 60 L. Ed. 2d 208 (1979)).

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Neither one of plaintiff’s claims for perjury (18 U.S.C. § 1621) nor mail theft (18 U.S.C. § 1708)

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provide for a private right of action. There is no common law, private right of action for perjury or mail

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theft under Nevada law. See Klaneski v. Malco Enterprises of Nevada, Inc., 2021 U.S. Dist. LEXIS

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259083, at *2 (D. Nev. Sept. 21, 2021) (“there is no private right of action by which a private citizen

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could sue for damages under [NRS 199.120].”); see also NRS § 205.975 (the language of NRS §

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205.975 does not provide for a private right of action).

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c. 28 U.S.C. § 4101 Does Not Provide For Federal Jurisdiction In This Case

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Plaintiffs also list a claim of “slander” under 28 U.S.C. § 4101. However, 28 U.S.C. § merely

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defines defamation, as it relates to foreign judgments but does not create a basis for a cause of action.

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Defamation is a state law claim. Although 28 U.S.C. § 1367 may allow for plaintiffs to bring state law

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claims, plaintiffs cannot bring a state law defamation claim because her federal claims fail. See 28

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U.S.C. § 1367 (“[T]he district courts may decline to exercise supplemental jurisdiction over a claim

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under subsection (a) if the district court has dismissed all claims over which it has original

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jurisdiction.”). As noted above, the only other federal claims plaintiffs allege are Title 18 claims, which

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have no private right of action. Therefore, there is neither federal jurisdiction nor supplemental

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jurisdiction over plaintiffs’ defamation claim.

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II. IFP APPLICATION

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Because all of plaintiffs’ claims are barred as a matter of law, the Court recommends denying the

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IFP application as moot. However, denial is also appropriate because plaintiffs submitted a singular IFP

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application. The Court reminds plaintiffs that each plaintiff seeking to proceed in forma pauperis must

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submit an individual IFP application. Thus, denial is also appropriate on these grounds.

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III. CONCLUSION

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Plaintiffs have failed to plausibly state a claim upon which relief can be granted. Two of

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plaintiffs’ claims are Title 18 claims. Neither 18 U.S.C. § 1621 nor 18 U.S.C. § 1708 provide for a

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private right of action. The remaining claim is a defamation claim under 28 U.S.C. § 4101 which merely

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defines defamation as it relates to foreign judgments. Section 4101 does not by itself provide for a right

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of action. Because plaintiffs’ other federal claims (i.e., the Title 18 claims) provide for no private right

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of action, there is no supplemental jurisdiction for any state law defamation claims. Furthermore,

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plaintiff names at least one defendant, “Judge David Brown” who is entitled to judicial immunity. All of

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plaintiffs’ claims are barred as a matter of law and thus, amendment would be futile.

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ACCORDINGLY,

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IT IS RECOMMENDED that:

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1. The Complaint (ECF No. 1-1) is dismissed in its entirety without leave to amend.

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2. The IFP application (ECF No. 1) is denied as moot.

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DATED this 26th day of November 2024.
IT IS SO RECOMMENDED.
_________________________
Hon. Maximiliano D. Couvillier III
United States Magistrate Judge

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NOTICE

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Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and

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recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk

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of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal

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may determine that an appeal has been waived due to the failure to file objections within the specified

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time. Thomas v. Arn, 474 U.S. 140, 142 (1985).

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This circuit has also held that (1) failure to file objections within the specified time and (2)

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failure to properly address and brief the objectionable issues waives the right to appeal the District

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Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d

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1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any

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change of address. The notification must include proof of service upon each opposing party’s attorney,

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or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may

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result in dismissal of the action.

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