1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, No. 2:24-cv-0448 DJC SCR P 12 Plaintiff, 13 v. ORDER 14 PAMELA JEAN DOMINISSE, 15 Defendant. 16 17 Ronald Eugene James, a Sacramento County jail detainee, proceeds without counsel and 18 seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 19 302. See 28 U.S.C. § 636(b)(1). Plaintiff initiated this action with a complaint and motion to 20 proceed in forma pauperis. (ECF Nos. 1, 2.) Prior to the court’s screening of the complaint as 21 required by 28 U.S.C. § 1915(e), plaintiff filed a first amended complaint. (ECF No. 7.) Plaintiff 22 has also filed several other pending motions. 23 The court construes the filing of the first amended complaint as a motion to amend. So 24 construed, the court grants the motion and treats the first amended complaint as the operative 25 complaint. The first amended complaint fails to state a claim, but plaintiff is granted leave to file 26 a further amended complaint within 30 days. 27 //// 28 //// 1 I. In Forma Pauperis 2 Plaintiff’s declaration in support of the motion to proceed in forma pauperis (ECF No. 2) 3 makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the motion is granted. By 4 separate order, plaintiff will be assessed an initial partial filing fee in accordance with the 5 provisions of 28 U.S.C. § 1915(b)(1). The order will direct the appropriate agency to collect the 6 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 7 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 8 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 9 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 10 exceeds $10.00 until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 11 II. Screening Requirement 12 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis 13 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 14 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 15 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27 16 (9th Cir. 2000). A claim is legally frivolous when it lacks an arguable basis either in law or in 17 fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 18 (9th Cir. 1984). The court may dismiss a claim as frivolous if it is based on an indisputably 19 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 20 327. 21 Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a short and plain statement 22 of the claim that shows the pleader is entitled to relief. Bell Atlantic Corp. v. Twombly, 550 U.S. 23 544, 555 (2007). In order to state a cognizable claim, a complaint must contain more than “a 24 formulaic recitation of the elements of a cause of action;” it must contain factual allegations 25 sufficient “to raise a right to relief above the speculative level.” Id. The facts alleged must “‘give 26 the defendant fair notice of what the... claim is and the grounds upon which it rests.’” Erickson v. 27 Pardus, 551 U.S. 89, 93 (2007) (quoting Twombly, 550 U.S. at 555). Under this standard, the 28 court accepts as true the allegations of the complaint and construes the pleading in the light most 1 favorable to the plaintiff. See id.; Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). 2 III. Allegations in the First Amended Complaint 3 Plaintiff challenges conduct or omissions by attorneys, all of which relates to his criminal 4 cases in Sacramento County, Case No. 19FE014992, Case No. 19FE014994, and Case No. 5 19FE021761. (ECF No. 8 at 4-15.) The defendant attorneys were either appointed to represent 6 plaintiff or are alleged to have held supervisory roles at the Sacramento County Public Defender’s 7 Office or the Sacramento County Conflict Criminal Defender. (Id. at 1-3.) Plaintiff filed 8 “Marsden Motions” which were repeatedly denied. (Id. at 4, 6, 10.) Plaintiff alleges the attorney 9 defendants breached their duties and failed to give plaintiff effective assistance of counsel or 10 failed to ensure plaintiff received effective assistance of counsel. (Id.) The defendants who 11 supervised plaintiff’s attorneys failed to correct what they knew to be reckless misconduct. (Id. at 12 12.) 13 Through this action, plaintiff seeks declaratory judgment, monetary damages, and 14 equitable relief. (ECF No. 8 at 16.) The first amended complaint also asks the court to “stay all 15 Sacramento County/Superior Court proceedings” for Case No. 19FE021761 and Case No. 16 19FE014992. (Id. at 1.) 17 IV. Discussion 18 A. Judicial Notice of Plaintiffs’ Criminal Cases 19 On the court’s own motion, the court takes judicial notice of the existence of plaintiff’s 20 pending criminal cases in Sacramento County, Case No. 19FE014992, Case No. 19FE014994, 21 and Case No. 19FE021761, each of which is open, active, and set for a further hearing to take 22 place on December 13, 2024.1 See Fed. R. Evid. 201 (court may take judicial notice of facts that 23 are capable of accurate determination by sources whose accuracy cannot reasonably be 24 questioned); Harris v. County of Orange, 682 F.3d 1126, 1131-32 (9th Cir. 2012) (a court may 25 take judicial notice of undisputed matters of public record including documents on file in federal 26 or state courts). 27 1 Case records from the Sacramento County Superior Court can be found at 28 https://services.saccourt.ca.gov/PublicCaseAccess/Criminal, last visited 11/12/2024. 1 B. Younger Abstention on Declaratory Judgment and Injunctive Relief Claims 2 Based on the allegations in first amended complaint, all of plaintiff’s claims involve 3 ongoing state court proceedings in the three criminal cases, the existence of which the court has 4 taken judicial notice. Plaintiff’s request for declaratory and injunctive relief is barred by the 5 doctrine of Younger v. Harris, 401 U.S. 37, 43-54 (1971). 6 Principles of comity and federalism weigh against a federal court interfering with ongoing 7 state criminal proceedings by granting injunctive or declaratory relief absent extraordinary 8 circumstances. Younger, 401 U.S. at 43-54.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD EUGENE JAMES, No. 2:24-cv-0448 DJC SCR P 12 Plaintiff, 13 v. ORDER 14 PAMELA JEAN DOMINISSE, 15 Defendant. 16 17 Ronald Eugene James, a Sacramento County jail detainee, proceeds without counsel and 18 seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 19 302. See 28 U.S.C. § 636(b)(1). Plaintiff initiated this action with a complaint and motion to 20 proceed in forma pauperis. (ECF Nos. 1, 2.) Prior to the court’s screening of the complaint as 21 required by 28 U.S.C. § 1915(e), plaintiff filed a first amended complaint. (ECF No. 7.) Plaintiff 22 has also filed several other pending motions. 23 The court construes the filing of the first amended complaint as a motion to amend. So 24 construed, the court grants the motion and treats the first amended complaint as the operative 25 complaint. The first amended complaint fails to state a claim, but plaintiff is granted leave to file 26 a further amended complaint within 30 days. 27 //// 28 //// 1 I. In Forma Pauperis 2 Plaintiff’s declaration in support of the motion to proceed in forma pauperis (ECF No. 2) 3 makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the motion is granted. By 4 separate order, plaintiff will be assessed an initial partial filing fee in accordance with the 5 provisions of 28 U.S.C. § 1915(b)(1). The order will direct the appropriate agency to collect the 6 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 7 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 8 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 9 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 10 exceeds $10.00 until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 11 II. Screening Requirement 12 Pursuant to 28 U.S.C. § 1915(e), the court must screen every in forma pauperis 13 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 14 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 15 immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Lopez v. Smith, 203 F.3d 1122, 1126-27 16 (9th Cir. 2000). A claim is legally frivolous when it lacks an arguable basis either in law or in 17 fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 18 (9th Cir. 1984). The court may dismiss a claim as frivolous if it is based on an indisputably 19 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 20 327. 21 Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a short and plain statement 22 of the claim that shows the pleader is entitled to relief. Bell Atlantic Corp. v. Twombly, 550 U.S. 23 544, 555 (2007). In order to state a cognizable claim, a complaint must contain more than “a 24 formulaic recitation of the elements of a cause of action;” it must contain factual allegations 25 sufficient “to raise a right to relief above the speculative level.” Id. The facts alleged must “‘give 26 the defendant fair notice of what the... claim is and the grounds upon which it rests.’” Erickson v. 27 Pardus, 551 U.S. 89, 93 (2007) (quoting Twombly, 550 U.S. at 555). Under this standard, the 28 court accepts as true the allegations of the complaint and construes the pleading in the light most 1 favorable to the plaintiff. See id.; Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). 2 III. Allegations in the First Amended Complaint 3 Plaintiff challenges conduct or omissions by attorneys, all of which relates to his criminal 4 cases in Sacramento County, Case No. 19FE014992, Case No. 19FE014994, and Case No. 5 19FE021761. (ECF No. 8 at 4-15.) The defendant attorneys were either appointed to represent 6 plaintiff or are alleged to have held supervisory roles at the Sacramento County Public Defender’s 7 Office or the Sacramento County Conflict Criminal Defender. (Id. at 1-3.) Plaintiff filed 8 “Marsden Motions” which were repeatedly denied. (Id. at 4, 6, 10.) Plaintiff alleges the attorney 9 defendants breached their duties and failed to give plaintiff effective assistance of counsel or 10 failed to ensure plaintiff received effective assistance of counsel. (Id.) The defendants who 11 supervised plaintiff’s attorneys failed to correct what they knew to be reckless misconduct. (Id. at 12 12.) 13 Through this action, plaintiff seeks declaratory judgment, monetary damages, and 14 equitable relief. (ECF No. 8 at 16.) The first amended complaint also asks the court to “stay all 15 Sacramento County/Superior Court proceedings” for Case No. 19FE021761 and Case No. 16 19FE014992. (Id. at 1.) 17 IV. Discussion 18 A. Judicial Notice of Plaintiffs’ Criminal Cases 19 On the court’s own motion, the court takes judicial notice of the existence of plaintiff’s 20 pending criminal cases in Sacramento County, Case No. 19FE014992, Case No. 19FE014994, 21 and Case No. 19FE021761, each of which is open, active, and set for a further hearing to take 22 place on December 13, 2024.1 See Fed. R. Evid. 201 (court may take judicial notice of facts that 23 are capable of accurate determination by sources whose accuracy cannot reasonably be 24 questioned); Harris v. County of Orange, 682 F.3d 1126, 1131-32 (9th Cir. 2012) (a court may 25 take judicial notice of undisputed matters of public record including documents on file in federal 26 or state courts). 27 1 Case records from the Sacramento County Superior Court can be found at 28 https://services.saccourt.ca.gov/PublicCaseAccess/Criminal, last visited 11/12/2024. 1 B. Younger Abstention on Declaratory Judgment and Injunctive Relief Claims 2 Based on the allegations in first amended complaint, all of plaintiff’s claims involve 3 ongoing state court proceedings in the three criminal cases, the existence of which the court has 4 taken judicial notice. Plaintiff’s request for declaratory and injunctive relief is barred by the 5 doctrine of Younger v. Harris, 401 U.S. 37, 43-54 (1971). 6 Principles of comity and federalism weigh against a federal court interfering with ongoing 7 state criminal proceedings by granting injunctive or declaratory relief absent extraordinary 8 circumstances. Younger, 401 U.S. at 43-54. Younger abstention is required when (1) state 9 proceedings, judicial in nature, are pending; (2) state proceedings involve important state 10 interests; and (3) the state proceedings afford adequate opportunity to raise the constitutional 11 issue. Middlesex County Ethic Comm. v. Garden State Bar Ass’n., 457 U.S. 423, 432 (1982). 12 “When a case falls within the proscription of Younger, a district court must dismiss the federal 13 action.” Fresh Int’l Corp. v. Agricultural Labor Relations Bd., 805 F.2d 1353, 1356 (9th Cir. 14 1986). 15 The first prong of Younger is met because the three cases plaintiff identifies in the 16 complaint are active state criminal cases with pending proceedings still ongoing. See Beltran v. 17 California, 871 F.2d 777, 781 (9th Cir. 1988) (the pendency of the state proceedings is 18 determined at the time the federal petition is filed). In addition, the second prong of Younger is 19 met because an important state interest is implicated in petitioner’s criminal resentencing 20 proceeding. See Kelly v. Robinson, 479 U.S. 36, 49 (1986). 21 The third part of Younger’s test is also satisfied. By their nature, state criminal 22 proceedings provide an opportunity for constitutional questions to be presented. Federal courts 23 assume state procedures will afford an adequate opportunity for consideration of constitutional 24 claims “in the absence of unambiguous authority to the contrary.” Pennzoil Co. v. Texaco, Inc., 25 481 U.S. 1, 15 (1987); see also Duke v. Gastelo, 64 F.4th 1088, 1096 (9th Cir. 2023) (“Properly 26 framed, the third requirement for Younger abstention asks whether there remains an opportunity 27 to litigate the federal claim in a state-court proceeding at the time the federal court is considering 28 whether to abstain.”) 1 Here, as set forth, petitioner’s criminal cases are active cases with further hearings set to 2 take place in the superior court. Under these circumstances, the court finds no indication plaintiff 3 is unable to bring his constitutional challenges in the still-pending criminal cases. In addition, 4 plaintiff’s allegations do not set forth extraordinary circumstances which would warrant federal 5 intervention. Middlesex County Ethics Comm’n, 457 U.S. at 435; Brown v. Ahern, 676 F.3d 899, 6 900-901 (9th Cir. 2012). Accordingly, this court must abstain from ruling on plaintiff’s claims for 7 declaratory and injunctive relief. 8 C. Failure to State a Damages Claim 9 Plaintiff cannot bring a claim for damages under 42 U.S.C. § 1983 against any attorney 10 assigned to represented him in his criminal cases. A plaintiff may bring an action under 42 U.S.C. 11 § 1983 to redress violations of “rights, privileges, or immunities secured by the Constitution and 12 [federal] laws” by a person or entity, including a municipality, acting under the color of state law. 13 42 U.S.C. § 1983. 14 A public defender representing a client in the lawyer’s traditional adversarial role is not a 15 state actor for purposes of § 1983. See Vermont v. Brillon, 556 U.S. 81, 91 (2009) (“assigned 16 counsel ordinarily is not considered a state actor”) (citing Polk County v. Dodson, 454 U.S. 312 17 (1981)). An attorney acting in the role of a public defender may act for the State “when making 18 hiring and firing decisions on behalf of the State,” and “while performing certain administrative 19 and possibly investigative functions.” Polk County, 454 U.S. at 325. Plaintiff does not allege any 20 conduct by a defendant that would qualify as action taken under color of state law for purposes of 21 this civil rights suit. Instead, plaintiff’s allegations relate to alleged conduct or omissions of the 22 defendants pertaining to the attorneys’ adversarial roles in plaintiff’s own criminal cases. Thus, to 23 the extent plaintiff seeks damages from the attorneys assigned to represent him in criminal 24 proceedings, the complaint fails to state a claim for relief. 25 In addition, to any extent plaintiff seeks to hold the supervisory attorneys liable in their 26 official capacities as representatives for the local government entity, the complaint fails to state a 27 claim. To impose liability on a local governmental entity for failing to act to preserve 28 constitutional rights, plaintiff must allege facts showing the execution of an official policy or 1 unofficial custom inflicted the injury. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 2 (1978). In order to make such a showing, a plaintiff must establish: (1) that he possessed a 3 constitutional right of which he was deprived; (2) that the municipality had a policy; (3) that this 4 policy ‘amounts to deliberate indifference’ to the plaintiff's constitutional right; and (4) that the 5 policy is the ‘moving force behind the constitutional violation.’” Oviatt By & Through Waugh v. 6 Pearce, 954 F.2d 1470, 1473-74 (9th Cir. 1992) (quoting City of Canton, Ohio v. Harris, 489 U.S. 7 378, 389-91 (1989)). Plaintiff does not allege facts suggesting the existence of a policy, or the 8 lack of a formal policy, was the moving force behind a constitutional violation. Accordingly, 9 plaintiff fails to state a claim for damages against any attorney-defendant in their official capacity 10 as representative for the County of Sacramento, the Sacramento County Public Defender, or the 11 Sacramento County Conflict Public Defender. 12 D. Plaintiff’s Pending Motions 13 Plaintiff has filed four motions which the court construes as motions for the court to 14 perform the screening of his operative complaint required by 28 U.S.C. § 1915(e). (ECF Nos. 7, 15 10, 11, and 12.) So construed, in light of the present screening order, the court grants these 16 motions. 17 Plaintiff also filed a motion to recuse the magistrate judge previously assigned to this case. 18 (ECF No. 13.) Based on the reassignment of this case to the undersigned, this case is no longer 19 assigned to the magistrate judge whom plaintiff seeks to recuse. The motion to recuse is denied as 20 moot. 21 V. Conclusion and Order 22 For the reasons set forth above, plaintiff has not stated a cognizable claim for damages or 23 declaratory or injunctive relief. It appears plaintiff will be unable to state a claim to the extent he 24 is challenging alleged ineffective assistance of counsel or breach of duties in connection with his 25 criminal case by attorneys associated with the Sacramento County Public Defender or 26 Sacramento County Conflict Public Defender. However, because it is not absolutely clear there is 27 no set of facts plaintiff could allege to state a claim, plaintiff is granted an opportunity to file a 28 further amended complaint. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). If 1 plaintiff chooses to file an amended complaint, it should be titled “Second Amended Complaint” 2 and must be complete in itself without reference to the prior or superseded pleading. E.D. Cal. 3 Local Rule 220. This opportunity to amend is not for the purpose of adding new and unrelated 4 claims. 5 In the alternative, plaintiff may choose to stand on the first amended complaint. See 6 Edwards v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir. 2004). If plaintiff chooses this 7 option, the undersigned will issue findings and recommendations to dismiss the complaint 8 without further leave to amend, after which plaintiff will have an opportunity to file objections, 9 and a district judge will determine whether the complaint states a cognizable claim. In the further 10 alternative, if plaintiff does not wish to pursue this case, plaintiff may file a notice of voluntary 11 dismissal, which will terminate this action by operation of law. 12 In accordance with the above, IT IS HEREBY ORDERED as follows: 13 1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted. 14 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action as set forth 15 by separate order. 16 3. Plaintiff’s motions construed as motions for the court to screen his complaint (ECF 17 Nos. 7, 10. 11, 12) are granted. 18 4. Plaintiff’s motion to recuse the previously assigned magistrate judge (ECF No. 13) is 19 denied as moot. 20 5. Plaintiff’s first amended complaint is deemed the operative complaint and is dismissed 21 with leave to amend. 22 6. The Clerk’s Office shall send plaintiff a blank civil rights complaint form. 23 7. Within thirty days from the date of service of this order, plaintiff must file one of the 24 following: 25 a. A second amended complaint curing the deficiencies identified in this order; 26 b. A notice of election to stand on the first amended complaint as filed; or 27 c. A notice of voluntary dismissal. 28 1 8. Failure to respond to this order will result in a recommendation that this action be 2 || dismissed for failure to obey a court order and failure to prosecute. 3 || Date: December 3, 2024 4
6 SEAN C. RIORDAN 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28