Second Chief Steven R. Moses v. State of Alaska Governments

CourtDistrict Court, D. Alaska
DecidedJune 2, 2022
Docket3:21-cv-00254
StatusUnknown

This text of Second Chief Steven R. Moses v. State of Alaska Governments (Second Chief Steven R. Moses v. State of Alaska Governments) 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
Second Chief Steven R. Moses v. State of Alaska Governments, (D. Alaska 2022).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

SECOND CHIEF STEVEN R. MOSES, on behalf of Orutsararmuit Native Council & (229) AK Tribes & also on behalf of fellow AM Indian Tribesman,

Plaintiff,

v. Case No. 3:21-cv-00254-JMK

STATE OF ALASKA GOVERNMENTS,

Defendants.

SECOND SCREENING ORDER

On November 15, 2021, Steven R. Moses, a self-represented prisoner (hereinafter “Plaintiff”), filed a Prisoner’s Complaint under the Civil Rights Act, 42 U.S.C. § 1983, along with a civil cover sheet and Prisoner’s Application to Waive Prepayment of the Filing Fee.1 Subsequently, Plaintiff filed numerous additional documents, most commonly titled with “USCS Fed Rules Evid R. 201(c)(2),”2 and a motion titled “Request for Representation Through the United States Attorney’s Office Under [Title 25 USC § 175].”3

1 Dockets 1–3. 2 Dockets 5, 7, 9–19. 3 Docket 6. At Docket 22, the Court screened the Complaint, found it deficient, denied the motion for representation, but granted leave to amend. On February 24, 2022,

Plaintiff filed a First Amended Complaint, a civil cover sheet, and a “2nd Request for Representation By and Through the United States Attorney’s Office.”4 Subsequently, Plaintiff has submitted additional legal “briefing” under the guise of Rules 201 and 1007 of the Federal Rules of Evidence.5 The Court now screens Plaintiff’s First Amended Complaint in accordance

with 28 U.S.C. §§ 1915(e) and 1915A. The Court shall not consider any of the additional documents filed with the Court, as that is not proper procedure to amend a complaint.6 SCREENING REQUIREMENT Federal law requires a court to conduct an initial screening of a civil complaint filed by a self-represented prisoner. In this screening, a court shall

dismiss the case at any time if the court determines that the action: (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.7

4 Dockets 23–26. 5 Dockets 28–30. 6 See Fed. R. Civ. P. 15(a); see also Local Civil Rule 15.1. 7 28 U.S.C. § 1915A. To determine whether a complaint states a valid claim for relief, courts consider whether the complaint contains sufficient factual matter that, if accepted as true, “state[s] a claim to relief that is plausible on its face.”8 In conducting its

review, a court must liberally construe a self-represented plaintiff’s pleading and give the plaintiff the benefit of the doubt.9 Before a court may dismiss any portion of a complaint for failure to state a claim upon which relief may be granted, the court must provide the plaintiff with a statement of the deficiencies in the complaint

and an opportunity to amend or otherwise address the problems, unless to do so would be futile.10 Futility exists when “the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency[.]”11 DISCUSSION I. First Amended Complaint Plaintiff names Goose Creek Correctional Center, the Alaska Department of

Corrections, and the State of Alaska – Government(s) in their official capacities.12

8 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In making this determination, a court may consider “materials that are submitted with and attached to the Complaint.” United States v. Corinthian Colleges, 655 F.3d 984, 999 (9th Cir. 2011) (citing Lee v. L.A., 250 F.3d 668, 688 (9th Cir. 2001)). 9 See Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citing Bretz v. Kelman, 773 F.2d 1026, 1027 n.1 (9th Cir. 1985) (en banc)). 10 See Gordon v. City of Oakland, 627 F.3d 1092, 1094 (9th Cir. 2010) (citing Albrecht v. Lund, 845 F.2d 193, 195 (9th Cir. 1988)). 11 See Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986). 12 Docket 23 at 2. In Claim 1, Plaintiff alleges that on October 21, 2020, administrators of the Goose Creek Correctional Center posted a memorandum that targeted Native

Corporations and cited a policy that prohibits mail that solicits gifts, money, credit or contractual purchases without the approval of the Superintendent or designee.13 Plaintiff alleges that while the policy does not reference Native Corporations, the October 21, 2020, memorandum is drafted against Native Corporations.14 Plaintiff alleges that prizes are a form of tribal property that belong to Native Corporations and tribal property may not be deprived without due process.15

Additionally, the Court notes that Plaintiff does appear to allege some facts in support of a Claim 1 on page 6. Namely, that (1) Policy 810.03 V.E.F. (the policy named in the Memorandum) is a broad policy of the Department of Corrections; (2) but that has a discriminatory application through the October 21, 2020, Memorandum; and (3) as a shareholder of a Native Corporation he may acquire

personal property in the form of a prize. In Claim 2, Plaintiff alleges that from July 7, 1958 through the present the State of Alaska Government(s) through the “AKDOC Memo” violated the Equal Protection Clause of the Fourteenth Amendment.16 Plaintiff does not provide

13 Docket 23 at 3. 14 Docket 23 at 3. 15 Docket 23 at 3. 16 Docket 23 at 4. factual allegations regarding this claim but does allege generally the State of Alaska has failed to recognize the indigenous people of Alaska.17

In Claim 3, Plaintiff alleges that from December 18, 1971, to the present the Alaska State Legislature did not create a positive policy for recognition and violated his civil right to “the [promotion] of NATIVE RIGHTS.”18 Plaintiff does not provide factual allegations regarding this claim, but does allege generally that the Alaska State Legislature has not met its obligations under the Alaska Native Claims

Settlement Act or Public Law 280 to promote the rights and welfare of Alaskan Natives and the lack of interstate recognition equates to individual discrimination as displayed by the October 21, 2020 memo.19 In support of his claims, Plaintiff includes six pages of “legal briefing”20 and two copies of the Memorandum at issue—the version previously submitted with typed case citations and commentary and a version with a handwritten attestation

from Plaintiff.21 The Court notes in its prior Screening Order, the Court explicitly instructed Plaintiff to submit this exhibit without writing or commentary; Plaintiff has failed to follow the Court’s prior instruction.

17 Docket 23 at 4. 18 Docket 23 at 5. 19 Docket 23 at 5 20 Docket 23 at 6–11. 21 Docket 23-1. For relief, Plaintiff requests (1) damages of $10,000,000.00 per tribe; (2) punitive damages of $30 billion dollars; (3) an order to “enact state POLICY in

accordance with various tribal rights or (229 AK TRIBES)”; (4) a declaration that “FEDERAL LAW preempts state policy”; and (5) the intrastate recognition of 229 Alaska tribes.22 II.

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Second Chief Steven R. Moses v. State of Alaska Governments, Counsel Stack Legal Research, https://law.counselstack.com/opinion/second-chief-steven-r-moses-v-state-of-alaska-governments-akd-2022.