Gradford v. Circuit Appeal

• Court: District Court, E.D. California
• Decided: January 9, 2024
• Docket: 1:23-cv-01284
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, Case No. 1:23-cv-01284-BAM 12 Plaintiff, SCREENING ORDER GRANTING LEAVE TO AMEND 13 v. (Doc. 1) 14 CIRCUIT APPEAL, et al., THIRTY-DAY DEADLINE 15 Defendants. 16 I. Background 17 Plaintiff William J. Gradford (“Plaintiff”), proceeding pro se, filed this civil action on 18 August 28, 2023. (Doc. 1.) Plaintiff did not pay the filing fee and instead filed an application to 19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Plaintiff’s application was 20 deficient. Accordingly, on August 31, 2023, the Court ordered Plaintiff to file a new application 21 to proceed in forma pauperis within thirty days or pay the filing fee. (Doc. 3.) 22 Prior to filing a new application to proceed in forma pauperis or paying the filing fee, 23 Plaintiff filed two notices of voluntary dismissal on September 7, 2023. (Docs. 4 and 5.) 24 Concurrent with the notices of voluntary dismissal, Plaintiff also filed a notice of errata directed 25 to the Clerk of the California Supreme Court. The notice appears to concern an opening brief on 26 the merits filed in that court related to a criminal proceeding. Plaintiff also requested a proof of 27 service by mail to attach with his notice of errata. (Doc. 6.) 28 1 Four days later, on September 11, 2023, Plaintiff filed a new application to proceed in 2 forma pauperis (Doc 7) and a notice requesting monetary damages (Doc. 8). Plaintiff also filed a 3 notice of his willingness to continue this case. In the notice, Plaintiff indicated that he wanted to 4 withdraw his previous dismissal of this case and continue. (Doc. 9.) 5 On September 13, 2023, the Court granted Plaintiff’s application to proceed in forma 6 pauperis, allowing this matter to procced despite Plaintiff’s prior notices of voluntary dismissal. 7 Plaintiff’s complaint, filed on August 28, 2023, is currently before the Court for screening.1 8 (Doc. 1.) 9 II. Screening Requirement and Standard 10 The Court screens complaints brought by persons proceeding in pro se and in forma 11 pauperis. 28 U.S.C. § 1915(e)(2). Plaintiff’s complaint, or any portion thereof, is subject to 12 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 13 granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 14 U.S.C. § 1915(e)(2)(B)(ii). 15 A complaint must contain “a short and plain statement of the claim showing that the 16 pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not 17 required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere 18 conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell 19 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s allegations are taken as 20 true, courts “are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 21 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). 22 To survive screening, Plaintiff’s claims must be facially plausible, which requires 23 sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable 24 for the misconduct alleged. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss v. U.S. Secret 25 Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully 26 is not sufficient, and mere consistency with liability falls short of satisfying the plausibility 27 1 Plaintiff also filed a request for review on January 2, 2024. (Doc. 11.) As necessary and appropriate, 28 Plaintiff’s pending motions and requests will be addressed by separate order. 1 standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572 F.3d at 969. 2 III. Summary of Plaintiff’s Allegations 3 Plaintiff drafted his complaint using the form provided by this Court. The complaint form 4 lists the Circuit Appeal and a Settlement Agreement as defendants in this action. (Doc. 1 at pp. 3, 5 5.) Plaintiff identifies the basis of this Court’s jurisdiction as both federal question and diversity 6 of citizenship. (Id. at p. 5.) In the section in which he is asked to indicate which of his federal 7 constitutional or federal statutory rights have been violated, he states, “subject matter, breach.” 8 (Id. at 7.) In the section in which he is asked to indicate diversity of citizenship, he identifies a 9 settlement agreement as both plaintiff and defendants in this action. (Id. at 7-9.) When asked to 10 specify the amount in controversy, Plaintiff states that the action is not about money, but freedom. 11 (Id. at p. 9.) The statement of claim section is nearly illegible, but appears to state as follows:

12 “State” County of Stanislaus, CA, “May 7, 2019” 2 page document, personal [jurisdiction] in multi defendant conspiracy cases – negligence gross negligence 13 Jurisdiction (conspiracy based on December 5, [illegible} I told deputy, i.e., Tiexiera (custody office) I was going to report him and he and deputy McCarthy 14 15 (Id.) Plaintiff also appears to indicate that a 2-page “document signed $3,000.00 check County of 16 Stanislaus May 7, 2019 “Settlement Agreement” & Release of All” is exhibit A. (Id. at p. 11.) 17 No exhibit A is attached to the form complaint. 18 IV. Discussion 19 Plaintiff’s complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to 20 establish this Court’s jurisdiction. As Plaintiff is proceeding in pro se, the Court will allow 21 Plaintiff an opportunity to amend his complaint to the extent he can do so in good faith. 22 A. Federal Rule of Civil Procedure 8 23 Pursuant to Federal Rule of Civil Procedure 8, a complaint must contain “a short and plain 24 statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a). Detailed 25 factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, 26 supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 (citation 27 omitted). Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a claim to 28 relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570, 1 127 S.Ct. at 1974). While factual allegations are accepted as true, legal conclusions are not. Id.; 2 see also Twombly, 550 U.S. at 556–557. 3 Plaintiff’s complaint is partially illegible and is not a plain statement of his claims. While 4 short, Plaintiff’s complaint does not include clear, concise factual allegations. At a basic level, he 5 does not state what happened, when it happened, or who was involved. He also does not clearly 6 identify his claims, causes of action, or the relief that he is seeking. Without any factual 7 allegations, the Court cannot determine what Plaintiff is alleging or how defendants are alleged to 8 be responsible. If Plaintiff files an amended complaint, it should be a short and plain statement of 9 his claims and it must include factual allegations related to his claims that identify what 10 happened, when it happened, and who was involved. Fed. R. Civ. P. 8. 11 B. Jurisdiction 12 Federal courts are courts of limited jurisdiction and may adjudicate only those cases 13 authorized by the Unites States Constitution and Congress. Kokkonen v. Guardian Life Ins. Co., 14 511 U.S. 375, 377 (1994). “Federal courts are presumed to lack jurisdiction, ‘unless the contrary 15 appears affirmatively from the record.’” Casey v. Lewis, 4 F.3d 1516, 1519 (9th Cir. 1993) 16 (quoting Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 546 (1986)). Without jurisdiction, 17 the district court must dismiss the case. See Morongo Band of Mission Indians v. California State 18 Bd. of Equalization, 858 F.2d 1376, 1380 (9th Cir. 1988). Generally, there are two bases for 19 subject matter jurisdiction: (1) diversity jurisdiction; and (2) federal question jurisdiction. 28 20 U.S.C. §§ 1331, 1332. As pled, the complaint fails to allege this Court’s subject matter 21 jurisdiction. 22 1. Diversity Jurisdiction 23 Pursuant to 28 U.S.C. § 1332, federal district courts have diversity jurisdiction over civil 24 actions “where the matter in controversy exceeds the sum or value of $75,000,” and where the 25 matter is between “citizens of different States.” 28 U.S.C. § 1332(a)(1). 26 Here, Plaintiff does not allege that the parties’ citizenship is completely diverse. 27 According to the complaint, all purported parties are citizens of California. (Doc. 1 at pp. 7. 9.) 28 Plaintiff also does not establish that the matter in controversy exceeds the sum or value of 1 $75,000. Plaintiff indicates that the action is not about money, and he fails to identify a specific 2 amount in controversy. (Id. at pp. 9, 11.) Thus, Plaintiff's complaint does not establish diversity 3 jurisdiction. 4 2. Federal Question Jurisdiction 5 Pursuant to 28 U.S.C. § 1331, federal district courts have jurisdiction over “all civil 6 actions arising under the Constitution, laws, or treaties of the United States.” “A case ‘arises 7 under’ federal law either where federal law creates the cause of action or ‘where the vindication 8 of a right under state law necessarily turn[s] on some construction of federal law.’” Republican 9 Party of Guam v. Gutierrez, 277 F.3d 1086, 1088–89 (9th Cir. 2002) (quoting Franchise Tax Bd. 10 v. Construction Laborers Vacation Trust, 463 U.S. 1, 8–9 (1983)). The presence or absence of 11 federal-question jurisdiction is governed by the “well-pleaded complaint rule.” Caterpillar, Inc. v. 12 Williams, 482 U.S. 386, 392 (1987). Under the well-pleaded complaint rule, “federal jurisdiction 13 exists only when a federal question is presented on the face of the plaintiff's properly pleaded 14 complaint.” Id. 15 Although Plaintiff invokes federal question jurisdiction, Plaintiff does not allege any 16 violation arising under the Constitution, laws, or treaties of the United States. Indeed, Plaintiff 17 does not cite any particular federal statute or constitutional provision that would be applicable to 18 the allegations in his complaint. Instead, Plaintiff’s complaint appears to assert a state law breach 19 of contract claim involving an alleged settlement agreement, not a claim arising under federal 20 law. Thus, Plaintiff's complaint does not establish federal question jurisdiction. 21 V. Conclusion and Order 22 Plaintiff’s complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to 23 establish this Court’s jurisdiction. As Plaintiff is proceeding pro se, the Court will grant Plaintiff 24 an opportunity to amend his complaint to cure these deficiencies to the extent he is able to do so 25 in good faith. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). 26 Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but it “must contain 27 sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face,’” 28 Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). Although accepted as true, the 1 “[f]actual allegations must be [sufficient] to raise a right to relief above the speculative level . . . 2 .” Twombly, 550 U.S. at 555 (citations omitted). Additionally, Plaintiff may not change the 3 nature of this suit by adding new, unrelated claims in his first amended complaint. George v. 4 Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no “buckshot” complaints). 5 Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. 6 Lacey v. Maricopa Cty., 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff’s amended 7 complaint must be “complete in itself without reference to the prior or superseded pleading.” 8 Local Rule 220. 9 Based on the foregoing, it is HEREBY ORDERED that: 10 1. The Clerk’s Office shall send Plaintiff a complaint form; 11 2. Within thirty (30) days from the date of service of this order, Plaintiff shall file a 12 first amended complaint curing the deficiencies identified by the Court in this order or file a 13 notice of voluntary dismissal; and 14 3. If Plaintiff fails to file an amended complaint in compliance with this order, then 15 the Court will recommend dismissal of this action, with prejudice, for failure to obey a court 16 order and for failure to establish this Court’s jurisdiction. 17 IT IS SO ORDERED. 18

19 Dated: January 8, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20

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