McGarrett L. John v. Superior State Courts, et al.

CourtDistrict Court, D. Alaska
DecidedFebruary 23, 2026
Docket4:25-cv-00052
StatusUnknown

This text of McGarrett L. John v. Superior State Courts, et al. (McGarrett L. John v. Superior State Courts, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGarrett L. John v. Superior State Courts, et al., (D. Alaska 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA MCGARRETT L. JOHN,

Plaintiff,

v.

SUPERIOR STATE COURTS, et al., Case No. 4:25-cv-00052-SLG

Defendants.

SCREENING ORDER On October 29, 2026, self-represented prisoner McGarrett L. John (“Plaintiff”) filed a civil complaint, a one-page handwritten narrative, a request for exemption from the payment of the filing fee on a state court form, and a financial affidavit.1 Plaintiff is housed at the Fairbanks Correctional Center in the custody of the Alaska Department of Corrections (“DOC”) as a pretrial detainee.2 Plaintiff’s Complaint names the Alaska Superior State Courts, the District Attorney’s Office, and the Alaska State Troopers as Defendants.3 The Complaint alleges only that on August 29, 2024, the Alaska State Troopers “acted bias in their profession” without any factual details.4 For relief, Plaintiff seeks $750,000 in

1 Dockets 1-2. 2 Docket 1 at 4. 3 Docket 1 at 1-3. 4 Docket 1 at 4. A review of the public records of the Alaska State Court indicates that Mr. John was arrested on several counts of sexual abuse of a minor on August 30, 2024 in Fairbanks Superior Court case 4FA-24-01328CR. The case remains open and Mr. John is a pretrial detainee. damages and an order requiring all state officials to follow the United States Constitution.5 The attached narrative is not signed and appears to be written in handwriting

different from that of the Complaint.6 In addition, the narrative begins with the statement, “I myself, ____, and along with many others here at Fairbanks Correctional Center…,” and the space designated for a name is left blank. The narrative also fails to allege an injury affecting Plaintiff personally that can be fairly traced to an alleged action or inaction of any individual defendant.

The Court has now screened Plaintiff’s Complaint in accordance with 28 U.S.C. §§ 1915(e) and 1915A. For the reasons discussed in this order, the Complaint fails to adequately state a claim for which relief may be granted. Therefore, the Complaint is DISMISSED. However, Plaintiff is accorded 60 days from the date of this order to file an amended complaint that attempts to correct

the deficiencies identified in this order. Alternatively, Plaintiff may file a notice of voluntary dismissal in which he elects to close this case. I. This action is deficient because Plaintiff did not include a fully completed Application to Waive Prepayment of the Filing Fee on the Court’s form or a statement from his prison trust account for the past six months To properly commence a civil action, a prisoner litigant must file a complaint, a civil cover sheet, and either pay the filing fee of $405.00, or file a completed

5 Docket 1 at 5. 6 Compare Docket 1 Case No. 4:25-cv-00052-SLG, John v. Superior State Courts 4th District, et al. application to waive prepayment of the filing fee on the District of Alaska’s Form PS10.7 Prisoner litigants must also include a statement from their prison trust account for the past six months.8 Federal law only allows prisoners to waive

prepayment of the fees associated with civil lawsuits.9 Prisoners must pay the filing fee incrementally until paid in full, regardless of the outcome of the action.10 Plaintiff’s motion to waive the filing fee at Docket 2 is DENIED because it is not on the proper form and does not include the prisoner trust account statement. If Plaintiff elects to proceed with this case, then on or before the date an amended

complaint is filed, Plaintiff must also file a fully completed and signed Prisoner Application to Waive Prepayment of the Filing Fee on District of Alaska Form PS10 and attach a copy of the statement for the last six months of Plaintiff’s prisoner trust account. Alternatively, Plaintiff may pay the $350 filing fee and the $55 administrative fee, a total of $405, at this time.

II. Plaintiff can only bring claims that affect him personally To the extent Plaintiff seeks to bring claims on behalf of other prisoners, a non-attorney self-represented litigant has “no authority to appear as an attorney for others than himself.”11 While a court may permit self-represented prisoners to

7 Local Civil Rule 3.1. 8 Local Civil Rule 3.1(c)(3). 9 28 U.S.C. § 1915(a)-(b). 10 28 U.S.C. § 1915(b)(1)&(2). 11 See Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008) (non-attorney plaintiff may not attempt to pursue claim on behalf of others in a representative Case No. 4:25-cv-00052-SLG, John v. Superior State Courts 4th District, et al. join together as plaintiffs in a lawsuit, “each prisoner proceeding IFP in a multi- prisoner lawsuit [must] pay the full amount of a filing fee.”12 By way of example, in a lawsuit brought by three prisoners, each prisoner would be assessed the filing

fee of $350, for a total filing fee of $1,050. The Court is aware that many prisoners rely on jailhouse “lawyers”. However, Plaintiff is responsible for the pleadings which he submits to the Court, whether prepared by a licensed attorney, a jailhouse lawyer, or himself. Under Rule 11 of the Federal Rules of Civil Procedure, when a party, including one who

is self-represented, files a pleading, written motion, and other paper with the Court, he certifies “that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances. . . the legal contentions are warranted by existing law or nonfrivolous argument” and “the factual contentions have evidentiary support.”13

III. Screening Requirement Under the Prison Litigation Reform Act, a federal district court must screen complaints brought by prisoners seeking relief against a governmental entity or

capacity); Cato v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995) (non-attorney party may not represent other plaintiffs). 12 Johnson v. High Desert State Prison, 127 F.4th 123, 132 (9th Cir. 2025) (internal quotations omitted); see also 28 U.S.C. § 1915(b)(1). 13 Fed. R. Civ. P. 11(b)(2, 3). Case No. 4:25-cv-00052-SLG, John v. Superior State Courts 4th District, et al. officer or employee of a governmental entity.14 In this screening, a district court shall dismiss the complaint at any time if the court determines that the complaint: (i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or (iii) seeks relief against a defendant who is immune from such relief.15

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