3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 EFREN SANTIAGO LEFRANC, Case No. 3:24-cv-00275-MMD-CSD
7 Plaintiff, SCREENING ORDER v. 8 ELKO SHERIFF’S OFFICE, et al., 9 Defendants. 10
11 I. SUMMARY 12 Pro se Plaintiff Efren Santiago Lefranc, who is in custody at the Sumter County 13 Detention Center in Florida, has submitted a document that appears to be a civil-rights 14 complaint under 42 U.S.C. § 1983 and has filed an application to proceed in forma 15 pauperis (“IFP”). (ECF Nos. 1-1 (“Complaint”), 1.) The Court now screens Lefranc’s 16 Complaint under 28 U.S.C. § 1915A, dismisses this action, and denies his IFP application 17 as moot. 18 II. SCREENING STANDARD 19 Federal courts must conduct a preliminary screening in any case in which an 20 incarcerated person seeks redress from a governmental entity or officer or employee of 21 a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the Court must identify 22 any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a 23 claim upon which relief may be granted, or seek monetary relief from a defendant who is 24 immune from such relief. See id. §§ 1915A(b)(1), (2). Pro se pleadings, however, must 25 be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 26 1990). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential 27 elements: (1) the violation of a right secured by the Constitution or laws of the United 28 States; and (2) that the alleged violation was committed by a person acting under color 2 In addition to the screening requirements under § 1915A, the Prison Litigation 3 Reform Act (“PLRA”) requires a federal court to dismiss an incarcerated person’s claim if 4 “the allegation of poverty is untrue” or if the action “is frivolous or malicious, fails to state 5 a claim on which relief may be granted, or seeks monetary relief against a defendant who 6 is immune from such relief.” 28 U.S.C. § 1915(e)(2) (cleaned up). Dismissal of a complaint 7 for failure to state a claim upon which relief can be granted is provided for in Federal Rule 8 of Civil Procedure 12(b)(6), and the Court applies the same standard under § 1915 when 9 reviewing the adequacy of a complaint or an amended complaint. When a court dismisses 10 a complaint under § 1915(e), the plaintiff should be given leave to amend the complaint 11 with directions as to curing its deficiencies, unless it is clear from the face of the complaint 12 that the deficiencies could not be cured by amendment. See Cato v. United States, 70 13 F.3d 1103, 1106 (9th Cir. 1995), superseded on other grounds by 28 U.S.C. § 1915(e). 14 Review under Rule 12(b)(6) is essentially a ruling on a question of law. See 15 Chappel v. Lab. Corp. of Am., 232 F.3d 719, 723 (9th Cir. 2000). Dismissal for failure to 16 state a claim is proper only if the plaintiff clearly cannot prove any set of facts in support 17 of the claim that would entitle him or her to relief. See Morley v. Walker, 175 F.3d 756, 18 759 (9th Cir. 1999). In making this determination, the Court takes as true all allegations 19 of material fact stated in the complaint, and the Court construes them in the light most 20 favorable to the plaintiff. See Warshaw v. Xoma Corp., 74 F.3d 955, 957 (9th Cir. 1996). 21 Allegations of a pro se complainant are held to less stringent standards than formal 22 pleadings drafted by lawyers. See Hughes v. Rowe, 449 U.S. 5, 9 (1980). While the 23 standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff must 24 provide more than mere labels, conclusions, or a formulaic recitation of the claim’s 25 elements. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). 26 A reviewing court should “begin by identifying pleadings [allegations] that, because 27 they are no more than conclusions, are not entitled to the assumption of truth.” Ashcroft 28 v. Iqbal, 556 U.S. 662, 679 (2009). “While legal conclusions can provide the framework 2 pleaded factual allegations, a court should assume their veracity and then determine 3 whether they plausibly give rise to an entitlement to relief.” Id. “Determining whether a 4 complaint states a plausible claim for relief . . . [is] a context-specific task that requires 5 the reviewing court to draw on its judicial experience and common sense.” Id. 6 Finally, all or part of a complaint filed by an incarcerated person may be dismissed 7 sua sponte if that person’s claims lack an arguable basis either in law or in fact. This 8 includes claims based on legal conclusions that are untenable, like claims against 9 defendants who are immune from suit or claims of infringement of a legal interest that 10 clearly does not exist, as well as claims based on fanciful factual allegations, like fantastic 11 or delusional scenarios. See Neitzke v. Williams, 490 U.S. 319, 327-28 (1989), 12 superseded on other grounds by 28 U.S.C. § 1915(e). See also McKeever v. Block, 932 13 F.2d 795, 798 (9th Cir. 1991). 14 III. SCREENING OF COMPLAINT 15 A. Factual Allegations 16 Lefranc alleges the following. On June 11, 2017, Defendant Terpin’s phone 17 became inoperable because it had been hacked. (ECF No. 1-1 at 2.) The hackers tried 18 and failed 11 times to change Terpin’s AT&T password remotely. (Id.) The hackers 19 eventually changed Terpin’s password and gained access and control to his phone 20 number, which allowed them to access his cryptocurrency account. (Id.) Impersonating 21 Terpin, the hackers convinced Lefranc to send them cryptocurrency, which they 22 converted. (Id.) AT&T cut off the hackers’ access to Lefranc’s telephone that day. (Id.) 23 AT&T failed to cancel Terpin’s phone number despite his requests. (Id.) Terpin learned 24 that an AT&T employee had created an imposter phone and did a sim card swap to gain 25 access to his phone number, so he filed a lawsuit. (Id.) 26 B. Analysis of Claims 27 Based on the allegations summarized above, Lefranc appears to sue Terpin, 28 AT&T, Las Vegas Justice Court, and Elko Sheriff’s Office (ECF Nos. 1 at 1, 1-1 at 4.) He 2 Complaint does not state any claims under § 1983. 3 “The purpose of § 1983 is to deter state actors from using the badge of their 4 authority to deprive individuals of their federally guaranteed rights.” McDade v. West, 223 5 F.3d 1135
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3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 EFREN SANTIAGO LEFRANC, Case No. 3:24-cv-00275-MMD-CSD
7 Plaintiff, SCREENING ORDER v. 8 ELKO SHERIFF’S OFFICE, et al., 9 Defendants. 10
11 I. SUMMARY 12 Pro se Plaintiff Efren Santiago Lefranc, who is in custody at the Sumter County 13 Detention Center in Florida, has submitted a document that appears to be a civil-rights 14 complaint under 42 U.S.C. § 1983 and has filed an application to proceed in forma 15 pauperis (“IFP”). (ECF Nos. 1-1 (“Complaint”), 1.) The Court now screens Lefranc’s 16 Complaint under 28 U.S.C. § 1915A, dismisses this action, and denies his IFP application 17 as moot. 18 II. SCREENING STANDARD 19 Federal courts must conduct a preliminary screening in any case in which an 20 incarcerated person seeks redress from a governmental entity or officer or employee of 21 a governmental entity. See 28 U.S.C. § 1915A(a). In its review, the Court must identify 22 any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a 23 claim upon which relief may be granted, or seek monetary relief from a defendant who is 24 immune from such relief. See id. §§ 1915A(b)(1), (2). Pro se pleadings, however, must 25 be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 26 1990). To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential 27 elements: (1) the violation of a right secured by the Constitution or laws of the United 28 States; and (2) that the alleged violation was committed by a person acting under color 2 In addition to the screening requirements under § 1915A, the Prison Litigation 3 Reform Act (“PLRA”) requires a federal court to dismiss an incarcerated person’s claim if 4 “the allegation of poverty is untrue” or if the action “is frivolous or malicious, fails to state 5 a claim on which relief may be granted, or seeks monetary relief against a defendant who 6 is immune from such relief.” 28 U.S.C. § 1915(e)(2) (cleaned up). Dismissal of a complaint 7 for failure to state a claim upon which relief can be granted is provided for in Federal Rule 8 of Civil Procedure 12(b)(6), and the Court applies the same standard under § 1915 when 9 reviewing the adequacy of a complaint or an amended complaint. When a court dismisses 10 a complaint under § 1915(e), the plaintiff should be given leave to amend the complaint 11 with directions as to curing its deficiencies, unless it is clear from the face of the complaint 12 that the deficiencies could not be cured by amendment. See Cato v. United States, 70 13 F.3d 1103, 1106 (9th Cir. 1995), superseded on other grounds by 28 U.S.C. § 1915(e). 14 Review under Rule 12(b)(6) is essentially a ruling on a question of law. See 15 Chappel v. Lab. Corp. of Am., 232 F.3d 719, 723 (9th Cir. 2000). Dismissal for failure to 16 state a claim is proper only if the plaintiff clearly cannot prove any set of facts in support 17 of the claim that would entitle him or her to relief. See Morley v. Walker, 175 F.3d 756, 18 759 (9th Cir. 1999). In making this determination, the Court takes as true all allegations 19 of material fact stated in the complaint, and the Court construes them in the light most 20 favorable to the plaintiff. See Warshaw v. Xoma Corp., 74 F.3d 955, 957 (9th Cir. 1996). 21 Allegations of a pro se complainant are held to less stringent standards than formal 22 pleadings drafted by lawyers. See Hughes v. Rowe, 449 U.S. 5, 9 (1980). While the 23 standard under Rule 12(b)(6) does not require detailed factual allegations, a plaintiff must 24 provide more than mere labels, conclusions, or a formulaic recitation of the claim’s 25 elements. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). 26 A reviewing court should “begin by identifying pleadings [allegations] that, because 27 they are no more than conclusions, are not entitled to the assumption of truth.” Ashcroft 28 v. Iqbal, 556 U.S. 662, 679 (2009). “While legal conclusions can provide the framework 2 pleaded factual allegations, a court should assume their veracity and then determine 3 whether they plausibly give rise to an entitlement to relief.” Id. “Determining whether a 4 complaint states a plausible claim for relief . . . [is] a context-specific task that requires 5 the reviewing court to draw on its judicial experience and common sense.” Id. 6 Finally, all or part of a complaint filed by an incarcerated person may be dismissed 7 sua sponte if that person’s claims lack an arguable basis either in law or in fact. This 8 includes claims based on legal conclusions that are untenable, like claims against 9 defendants who are immune from suit or claims of infringement of a legal interest that 10 clearly does not exist, as well as claims based on fanciful factual allegations, like fantastic 11 or delusional scenarios. See Neitzke v. Williams, 490 U.S. 319, 327-28 (1989), 12 superseded on other grounds by 28 U.S.C. § 1915(e). See also McKeever v. Block, 932 13 F.2d 795, 798 (9th Cir. 1991). 14 III. SCREENING OF COMPLAINT 15 A. Factual Allegations 16 Lefranc alleges the following. On June 11, 2017, Defendant Terpin’s phone 17 became inoperable because it had been hacked. (ECF No. 1-1 at 2.) The hackers tried 18 and failed 11 times to change Terpin’s AT&T password remotely. (Id.) The hackers 19 eventually changed Terpin’s password and gained access and control to his phone 20 number, which allowed them to access his cryptocurrency account. (Id.) Impersonating 21 Terpin, the hackers convinced Lefranc to send them cryptocurrency, which they 22 converted. (Id.) AT&T cut off the hackers’ access to Lefranc’s telephone that day. (Id.) 23 AT&T failed to cancel Terpin’s phone number despite his requests. (Id.) Terpin learned 24 that an AT&T employee had created an imposter phone and did a sim card swap to gain 25 access to his phone number, so he filed a lawsuit. (Id.) 26 B. Analysis of Claims 27 Based on the allegations summarized above, Lefranc appears to sue Terpin, 28 AT&T, Las Vegas Justice Court, and Elko Sheriff’s Office (ECF Nos. 1 at 1, 1-1 at 4.) He 2 Complaint does not state any claims under § 1983. 3 “The purpose of § 1983 is to deter state actors from using the badge of their 4 authority to deprive individuals of their federally guaranteed rights.” McDade v. West, 223 5 F.3d 1135, 1139 (9th Cir. 2000). A defendant may be held liable under § 1983 for violating 6 a plaintiff’s constitutional rights only if the defendant “committed the alleged deprivation 7 while acting under color of state law.” Rawson v. Recovery Innovations, Inc., 975 F.3d 8 742, 747 (9th Cir. 2020). “The determination of whether a nominally private person or 9 corporation acts under color of state law is a matter of normative judgment, and the criteria 10 lack rigid simplicity.” Id. (cleaned up). The Supreme Court has developed four different 11 tests to aid courts in identifying state action. See id. But “[a]t bottom, the inquiry is always 12 whether the defendant has ‘exercised power possessed by virtue of state law and made 13 possible only because the wrongdoer is clothed with the authority of state law.’” Id. 14 (quoting West v. Atkins, 487 U.S. 42, 49 (1988); United States v. Classic, 313 U.S. 299, 15 326 (1941)). 16 Plaintiff’s allegations as set forth in the Complaint are confusing and vague. The 17 Complaint includes a document that purports to be a case summary from Lefranc’s 18 justice-court case, but there are no factual allegations about that case. Nor are there 19 factual allegations about Las Vegas Justice Court or Elko Sheriff’s Office. There also are 20 no factual allegations that any defendant violated Lefranc’s federal rights. Lefranc might 21 be attempting to bring claims against a private corporation and individual for their alleged 22 role in the theft of his cryptocurrency. But there are no factual allegations that those 23 defendants acted under color of state law when they did so, which is necessary to bring 24 a claim under § 1983. 25 It does not appear that Lefranc could cure the Complaint’s fundamental defects by 26 pleading additional facts. Thus, the Court will dismiss the entire Complaint without 27 prejudice and without leave to amend in this § 1983 action. Lefranc’s IFP application is 28 denied as moot. 1 || IV. CONCLUSION 2 It is therefore ordered that the Complaint (ECF No. 1-1) is dismissed without 3 || prejudice and without leave to amend in this § 1983 action for failure to state a colorable 4 || claim for relief. 5 It is further ordered that Lefranc’s application to proceed in forma pauperis (ECF 6 || No. 1) is denied as moot. 7 The Clerk of Court is directed to enter judgment accordingly and close this case. 8 || No other documents may be filed in this now-closed case. If Lefranc wishes to bring 9 || claims against private corporations or individuals who are not state actors, he must file a 10 || complaint in a new case and either pay the filing fee or apply for in forma pauperis status. 11 DATED THIS 2" Day of January 2025.
13 MIRANDA M. DU 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28