Alspa v. Washington County Juvenile Hall

Filing 17

OPINION & ORDER: This case is Dismissed with prejudice for lack of subject matter jurisdiction. Signed on 5/9/13 by Judge Michael W. Mosman. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON LUTHER RAYMOND ALSPA, Plaintiff, 3: 13-cv-00413-PK OPINION AND ORDER WASHINGTON COUNTY JUVENILE HALL, Defendant. MOSMAN, I., Plaintiff Luther Raymond Alspa, appearing prose, filed this action against the Washington County Juvenile Hall. Alspa's complaint appears to relate to the removal of five children from their mother's custody. For the reasons set forth below, this action is dismissed with prejudice. BACKGROUND Alspa filed his complaint in this action on March 4, 2013. He alleged that "five children · were involuntarily taken from their natural mother," and he seeks relief on behalf of the children Page 1 - OPINION AND ORDER and their mother. On April3, 2013, this court allowed Alspa to proceed infonna pauperis, but also ordered him to show cause why this case should not be dismissed pursuant to FRCP 28 U.S.C. § 1915(d)(2) for failure to state a claim. In pmiicular, Alspa was ordered to identifY 1) • the species of his claim; 2) the identities of the children named in the complaint and his relationship to them; and 3) the basis and authority under which he should be allowed to proceed as plaintiff in this case. On May 1, 2013, Alspa wrote a letter to the court which I construe as his response to this cmni's order to show cause.' (A/spa v. Washington County Juvenile Hall, Case No. 3:13-cv00496-PK (#9).) He defines the "specifics of this claim" as follows: [T]he Constitutional Rights of the children held in "involuntary Servitude" before the Thirteenth Amendment, and violating the Civil Rights of the children according to the Fomieenth Amendment, and the Civil Rights of the natural mother to asce1iain the religion she will provide to the children. Impacting the children's First Amendment [right] to worship with their mother's council at their heart. (Id. at p. 2.) Alspa adds, "I will enter on the Eleventh Amendment and proceed to the Thirteenth; then to the F omieenth and entertain the First Amendment and the Sixth and balm this crucified woman." (Id. at p. 3.) Finally, Alspa explains "I stand in Intervention for five children," and "I mn merely the prognastator of this alliance between mother and child." (Id. at p. 4.) Alspa is not related to the children or their mother. LEGAL STANDARD Federal Civil Procedure Rule 12(h)(3) provides that "[i]fthe court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 1 Alspa has two cases pending involving the same nucleus of facts against the same defendant. His May I, 2013letter appears only on the docket of A/spa v. Washington County Juvenile Hall, Case No. 3:13-cv-00496-PK, but it pe1iains equally to this case. Page 2 - OPINION AND ORDER 12(h)(3); see also Cal. Diversified Promotions, Inc. v. lvfusick, 505 F.2d 278, 280 (9 1h Cir. 1974) ("It has been long held that a judge can dismiss sua sponte for lack of jurisdiction"). Federal coutis are presumptively without jurisdiction over civil cases and the burden of establishing the contrary rests upon the party asserting jurisdiction. Kokkonen v. Guardia Life Ins. Co. ofAm., 511 U.S. 375, 377 (1994). "[S]tanding is an aspect of subject matter jurisdiction." Fleck and Assocs., Inc. v. City ofPhoenix, 471 F.3d 110, 1107 n. 4 (91h Cir. 2006). "[F]ederal comis liberally construe the 'inmiful pleading' of prose litigants." Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (91h Cir. 1992); see also Karin-Panahi v. Los Angeles Police Dep't., 839 F.2d 621,623 (91h Cir. 1988). That is, comis hold prose pleadings to a less stringent standard than those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). DISCUSSION The general prose provision set fmih in 28 U.S. C. § 1654 allows Alspa to prosecute his own claims, but he is not allowed to brings claims on behalf of the five children and mother he references in his complaint. "Although a non-attorney may appear in propria persona in his own behalf, that privilege is personal to him. He has no authority to appear as an attorney for others than himself." C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9 1h Cir. 1987). Because Alspa cannot present claims on behalf of the five children and their mother, and because A! spa does not assert a claim of his own, he lacks standing to pursue this matter. A prose litigant is generally entitled to notice of the deficiencies in the complaint and an opportunity to amend, unless the deficiencies cannot be cured by amendment. See Karin-Panahi, 839 F.2d at 623-24 .. Here, dismissal with prejudice and without leave to amend is appropriate Page 3 - OPINION AND ORDER because the lack of standing and subject matter jurisdiction is incurable. See Orsay v. US. Dep 't ofJustice, 289 F.3d 1125, 1136 (9'h Cir. 2002). CONCLUSION For the foregoing reasons, this case is dismissed with prejudice for lack of subject matter jurisdiction. ~ Dated this1_ day of May 2013. United States District Judge Page 4 - OPINION AND ORDER

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