1 2 3 4 5 6 7 10 11 MICHELA BROWN, Case No. 2:26-cv-00186-DC-CSK PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF EL DORADO, et al., (ECF Nos. 1, 2) 15 Defendants. 16 17 Plaintiff Michela Brown is representing herself in this action and seeks leave to 18 proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) For the 19 reasons that follow, the Court recommends that Plaintiff’s IFP application be denied, and 20 the Complaint be dismissed without leave to amend. 22 28 U.S.C. § 1915(a) provides that the court may authorize the commencement, 23 prosecution or defense of any suit without prepayment of fees or security “by a person 24 who submits an affidavit stating the person is “unable to pay such fees or give security 25 therefor.” This affidavit is to include, among other things, a statement of all assets the 26 person possesses. Id. The IFP statute does not itself define what constitutes insufficient 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 assets. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). In Escobedo, 2 the Ninth Circuit stated that an affidavit in support of an IFP application is sufficient 3 where it alleges that the affiant cannot pay court costs and still afford the necessities of 4 life. Id. “One need not be absolutely destitute to obtain benefits of the in forma pauperis 5 statute.” Id. Nonetheless, a party seeking IFP status must allege poverty “with some 6 particularity, definiteness and certainty.” Id. According to the United States Department 7 of Health and Human Services, the current poverty guideline for a household of one (not 8 residing in Alaska or Hawaii) is $15,060.00. See U.S. Dpt. Health & Human Service 9 (available at https://aspe.hhs.gov/poverty-guidelines). 10 Here, Plaintiff’s IFP request states that disability benefits are her only source of 11 income and she pays $3,995 a month in rent. See ECF No. 2. Plaintiff has made the 12 required showing under 28 U.S.C. § 1915(a). See id. However, the Court will 13 recommend Plaintiff’s IFP application be denied because the action is facially frivolous or 14 without merit because it fails to state a claim and lacks subject matter jurisdiction. “‘A 15 district court may deny leave to proceed in forma pauperis at the outset if it appears from 16 the face of the proposed complaint that the action is frivolous or without merit.’” Minetti v. 17 Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998) (quoting Tripati v. First Nat. Bank & 18 Tr., 821 F.2d 1368, 1370 (9th Cir. 1987)); see also McGee v. Dep’t of Child Support 19 Servs., 584 Fed. App’x 638 (9th Cir. 2014) (“the district court did not abuse its discretion 20 by denying McGee's request to proceed IFP because it appears from the face of the 21 amended complaint that McGee's action is frivolous or without merit”); Smart v. Heinze, 22 347 F.2d 114, 116 (9th Cir. 1965) (“It is the duty of the District Court to examine any 23 application for leave to proceed in forma pauperis to determine whether the proposed 24 proceeding has merit and if it appears that the proceeding is without merit, the court is 25 bound to deny a motion seeking leave to proceed in forma pauperis.”). Because it 26 appears from the face of the Complaint that this action is frivolous or is without merit as 27 discussed in more detail below, the Court recommends denying Plaintiff’s IFP motion. 28 / / / 2 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis 3 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 4 state a claim on which relief may be granted,” or “seeks monetary relief against a 5 defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 6 203 F.3d 1122, 1126-27 (2000) (en banc). A claim is legally frivolous when it lacks an 7 arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). In 8 reviewing a complaint under this standard, the court accepts as true the factual 9 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 10 construes those allegations in the light most favorable to the plaintiff. See Neitzke, 490 11 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 12 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011). 13 Pleadings by self-represented litigants are liberally construed. Hebbe v. Pliler, 627 14 F.3d 338, 342 & n.7 (9th Cir. 2010) (liberal construction appropriate even post–Iqbal). 15 However, the court need not accept as true conclusory allegations, unreasonable 16 inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 17 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does 18 not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); 19 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 20 To state a claim on which relief may be granted, the plaintiff must allege enough 21 facts “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A 22 claim has facial plausibility when the plaintiff pleads factual content that allows the court 23 to draw the reasonable inference that the defendant is liable for the misconduct alleged.” 24 Iqbal, 556 U.S. at 678. A pro se litigant is entitled to notice of the deficiencies in the 25 complaint and an opportunity to amend unless the complaint’s deficiencies could not be 26 cured by amendment. See Lopez, 203 F.3d at 1130-31; Cahill v. Liberty Mut. Ins. Co., 80 27 F.3d 336, 339 (9th Cir. 1996). 28 / / / 2 Plaintiff brings this action against four named defendants: County of El Dorado, 3 Pippa Temple, Kassie Cardullo, and Jake Hermingaus. See Compl. (ECF No. 1). She 4 also lists South Lake Tahoe Police Department Detectives (“SLT Detectives”) as 5 defendants. Id. 6 Plaintiff alleges this action arises under 42 U.S.C. § 1983. Plaintiff alleges that 7 Defendant County of El Dorado “is responsible for policies and supervision of the District 8 Attorney’s Office.” Compl. at 1. Defendants Temple, Cardullo, and Hermingaus “were 9 employees of the DA’s Office.” Id. 10 Plaintiff alleges that, in a July 2025 investigation, Defendant SLT Detectives 11 “coerced, manipulated [and] pressured” her into making statements while she was 12 experiencing distress from mental health and substance abuse issues. Compl. at 1.
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1 2 3 4 5 6 7 10 11 MICHELA BROWN, Case No. 2:26-cv-00186-DC-CSK PS 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF EL DORADO, et al., (ECF Nos. 1, 2) 15 Defendants. 16 17 Plaintiff Michela Brown is representing herself in this action and seeks leave to 18 proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) For the 19 reasons that follow, the Court recommends that Plaintiff’s IFP application be denied, and 20 the Complaint be dismissed without leave to amend. 22 28 U.S.C. § 1915(a) provides that the court may authorize the commencement, 23 prosecution or defense of any suit without prepayment of fees or security “by a person 24 who submits an affidavit stating the person is “unable to pay such fees or give security 25 therefor.” This affidavit is to include, among other things, a statement of all assets the 26 person possesses. Id. The IFP statute does not itself define what constitutes insufficient 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 assets. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). In Escobedo, 2 the Ninth Circuit stated that an affidavit in support of an IFP application is sufficient 3 where it alleges that the affiant cannot pay court costs and still afford the necessities of 4 life. Id. “One need not be absolutely destitute to obtain benefits of the in forma pauperis 5 statute.” Id. Nonetheless, a party seeking IFP status must allege poverty “with some 6 particularity, definiteness and certainty.” Id. According to the United States Department 7 of Health and Human Services, the current poverty guideline for a household of one (not 8 residing in Alaska or Hawaii) is $15,060.00. See U.S. Dpt. Health & Human Service 9 (available at https://aspe.hhs.gov/poverty-guidelines). 10 Here, Plaintiff’s IFP request states that disability benefits are her only source of 11 income and she pays $3,995 a month in rent. See ECF No. 2. Plaintiff has made the 12 required showing under 28 U.S.C. § 1915(a). See id. However, the Court will 13 recommend Plaintiff’s IFP application be denied because the action is facially frivolous or 14 without merit because it fails to state a claim and lacks subject matter jurisdiction. “‘A 15 district court may deny leave to proceed in forma pauperis at the outset if it appears from 16 the face of the proposed complaint that the action is frivolous or without merit.’” Minetti v. 17 Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998) (quoting Tripati v. First Nat. Bank & 18 Tr., 821 F.2d 1368, 1370 (9th Cir. 1987)); see also McGee v. Dep’t of Child Support 19 Servs., 584 Fed. App’x 638 (9th Cir. 2014) (“the district court did not abuse its discretion 20 by denying McGee's request to proceed IFP because it appears from the face of the 21 amended complaint that McGee's action is frivolous or without merit”); Smart v. Heinze, 22 347 F.2d 114, 116 (9th Cir. 1965) (“It is the duty of the District Court to examine any 23 application for leave to proceed in forma pauperis to determine whether the proposed 24 proceeding has merit and if it appears that the proceeding is without merit, the court is 25 bound to deny a motion seeking leave to proceed in forma pauperis.”). Because it 26 appears from the face of the Complaint that this action is frivolous or is without merit as 27 discussed in more detail below, the Court recommends denying Plaintiff’s IFP motion. 28 / / / 2 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis 3 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 4 state a claim on which relief may be granted,” or “seeks monetary relief against a 5 defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 6 203 F.3d 1122, 1126-27 (2000) (en banc). A claim is legally frivolous when it lacks an 7 arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). In 8 reviewing a complaint under this standard, the court accepts as true the factual 9 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 10 construes those allegations in the light most favorable to the plaintiff. See Neitzke, 490 11 U.S. at 327; Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 12 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011). 13 Pleadings by self-represented litigants are liberally construed. Hebbe v. Pliler, 627 14 F.3d 338, 342 & n.7 (9th Cir. 2010) (liberal construction appropriate even post–Iqbal). 15 However, the court need not accept as true conclusory allegations, unreasonable 16 inferences, or unwarranted deductions of fact. Western Mining Council v. Watt, 643 F.2d 17 618, 624 (9th Cir. 1981). A formulaic recitation of the elements of a cause of action does 18 not suffice to state a claim. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007); 19 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 20 To state a claim on which relief may be granted, the plaintiff must allege enough 21 facts “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A 22 claim has facial plausibility when the plaintiff pleads factual content that allows the court 23 to draw the reasonable inference that the defendant is liable for the misconduct alleged.” 24 Iqbal, 556 U.S. at 678. A pro se litigant is entitled to notice of the deficiencies in the 25 complaint and an opportunity to amend unless the complaint’s deficiencies could not be 26 cured by amendment. See Lopez, 203 F.3d at 1130-31; Cahill v. Liberty Mut. Ins. Co., 80 27 F.3d 336, 339 (9th Cir. 1996). 28 / / / 2 Plaintiff brings this action against four named defendants: County of El Dorado, 3 Pippa Temple, Kassie Cardullo, and Jake Hermingaus. See Compl. (ECF No. 1). She 4 also lists South Lake Tahoe Police Department Detectives (“SLT Detectives”) as 5 defendants. Id. 6 Plaintiff alleges this action arises under 42 U.S.C. § 1983. Plaintiff alleges that 7 Defendant County of El Dorado “is responsible for policies and supervision of the District 8 Attorney’s Office.” Compl. at 1. Defendants Temple, Cardullo, and Hermingaus “were 9 employees of the DA’s Office.” Id. 10 Plaintiff alleges that, in a July 2025 investigation, Defendant SLT Detectives 11 “coerced, manipulated [and] pressured” her into making statements while she was 12 experiencing distress from mental health and substance abuse issues. Compl. at 1. 13 Plaintiff alleges that, on November 3, 2025, “Defendants engaged in retaliation, 14 surveillance, intimidation, witness threats, misrepresentation of authority, and unlawful 15 subpoena.” Id. In October 2025, Defendants allegedly “disclosed Plaintiff’s protected 16 victim status to her employer,” causing her to lose her job. Id. at 2. 17 Plaintiff claims that, based on these alleged events, Defendants violated her rights 18 under the First, Fifth and Fourteenth Amendments, “engaged in conspiracy, and caused 19 constitutional injuries.” Id. at 2. She claims that Defendant County of Eldorado 20 “maintained customs and failure to train that caused these violations.” Id. Plaintiff asserts 21 that Defendants’ actions “were investigative and retaliatory, not protected by 22 prosecutorial immunity.” Id. 24 A. Failure to Comply with Federal Rule of Civil Procedure 8 25 Plaintiff’s Complaint does not contain a short and plain statement of a claim as 26 required by Federal Rule of Civil Procedure 8. In order to give fair notice of the claims 27 and the grounds on which they rest, a plaintiff must allege with at least some degree of 28 particularity overt acts by specific defendants which support the claims. See Kimes v. 1 Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). A review of the Complaint reveals it consists 2 of “[t]hreadbare recitals of the elements” of her causes of action and fails to state a claim 3 for relief. Iqbal, 556 U.S. at 678. While this problem infects the entire Complaint, the 4 Court discusses its deficiencies in pleading particular claims below. 5 B. Failure to State a Claim 6 Plaintiff’s Complaint fails to state a claim against any defendant under Section 7 1983. 42 U.S.C. § 1983 “provides a cause of action for the deprivation of any rights, 8 privileges, or immunities secured by the Constitution and laws of the United States.” 9 Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (internal quotation marks 10 omitted). To state a cognizable Section 1983 claim, a plaintiff must allege the violation of 11 a right protected by the Constitution and laws of the United States, and that the alleged 12 deprivation was committed by a person who acted under color of state law. 42 U.S.C. 13 § 1983; see also Florer v. Congregation Pidyon Shevuyim, N.A., 639 F.3d 916, 921 (9th 14 Cir. 2011). An individual defendant is not liable on a civil rights claim unless the facts 15 establish the defendant’s personal involvement in the constitutional deprivation or a 16 causal connection between the defendant's wrongful conduct and the alleged 17 constitutional deprivation. See Hansen v. Black, 885 F.2d 642, 645 (9th Cir. 1989); 18 Johnson v. Duffy, 588 F.2d 740, 743-44 (9th Cir. 1978). Plaintif’s brief and conclusory 19 allegations against Defendants Temple, Cardullo, Hermingaus, and SLT Detectives do 20 not suffice to show unconstitutional conduct under Section 1983. 21 As to Defendant County of El Dorado, plaintiff’s general and conclusory 22 allegations do not “show that a ‘policy or custom’ led to plaintiff’s injury.” See Castro v. 23 County of Los Angeles, 833 F.3d 1060, 1073 (9th Cir. 2016) (en banc) (quoting Monell v. 24 Dep't of Soc. Servs. of City of New York, 436 U.S. 658, 694 (1978)). To impose liability 25 under Monell, a plaintiff must show that (1) she was deprived of a constitutional right; 26 (2) the municipality has a policy; (3) the policy amounts to deliberate indifference to 27 plaintiff's constitutional rights; and (4) the policy is the moving force behind the 28 constitutional violation. Anderson v. Warner, 451 F.3d 1063, 1070 (9th Cir. 2006) (citing 1 Oviatt v. Pearce, 954 F.2d 1470, 1474 (9th Cir. 1994)). The Complaint does not allege 2 specific facts to meet these elements, and plaintiff’s Monell claim is subject to dismissal. 3 Finally, insofar as Plaintiff’s claims concern ongoing state court proceedings, they 4 are barred by the Younger abstention doctrine. See Compl. at 1 (“Plaintiff was the 5 alleged victim in [a] criminal case . . . and invoked her Fifth Amendment rights on 6 November 3, 2025.”). Federal courts are generally required to abstain from interfering 7 with ongoing state court proceedings. Younger v. Harris, 401 U.S. 37, 43–45 (1971). 8 Abstention of the federal court is required under Younger when “(1) there is ‘an ongoing 9 state judicial proceeding’; (2) the proceeding ‘implicate[s] important state interests’; 10 (3) there is ‘an adequate opportunity in the state proceedings to raise constitutional 11 challenges’; and (4) the requested relief ‘seek[s] to enjoin’ or has ‘the practical effect of 12 enjoining’ the ongoing state judicial proceeding.” Arevalo v. Hennessy, 882 F.3d 763, 13 765 (9th Cir. 2018) (citations omitted). The Complaint suggests the parties may be 14 involved in an ongoing state criminal case. The federal court must abstain from 15 interfering with these proceedings, which provide an adequate opportunity to raise 16 constitutional challenges. In sum, all claims in the Complaint should be dismissed. 17 C. Leave to Amend 18 In considering whether leave to amend should be granted, the Court considers 19 that the Complaint does not present a non-frivolous claim. In light of the Court’s lack of 20 subject matter jurisdiction and the Complaint’s many deficiencies, it appears granting 21 leave to amend would be futile. The Complaint should therefore be dismissed without 22 leave to amend. See Lopez, 203 F.3d at 1130-31; Cato v. United States, 70 F.3d 1103, 23 1105-06 (9th Cir. 1995). 25 Based upon the findings above, it is RECOMMENDED that: 26 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be DENIED; 27 2. Plaintiff’s Complaint (ECF No. 1) be DISMISSED without leave to amend; 28 and 1 3. The Clerk of the Court be directed to CLOSE this case. 2 These findings and recommendations are submitted to the United States District 3 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 4 | 14 days after being served with these findings and recommendations, any party may file 5 || written objections with the Court and serve a copy on all parties. This document should 6 || be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any 7 || reply to the objections shall be served on all parties and filed with the Court within 14 8 | days after service of the objections. Failure to file objections within the specified time 9 | may waive the right to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 10 | 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 11 12 | Dated: April 16, 2026 C iy S \U 13 CHI S00 KIM 44 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 6/brow0186.screen f&r 20 21 22 23 24 25 26 27 28