Ybarra v. Ybarra

CourtDistrict Court, D. Minnesota
DecidedApril 7, 2025
Docket0:25-cv-00894
StatusUnknown

This text of Ybarra v. Ybarra (Ybarra v. Ybarra) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ybarra v. Ybarra, (mnd 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Steve Salvador Ybarra, Case No. 25-CV-894 (KMM/DJF)

Plaintiff,

v. ORDER FOR DISMISSAL

Michelle Kathleen Ybarra, in her individual capacity,

Defendant.

Steve Salvador Ybarra, Case No. 25-CV-938 (KMM/DJF)

v. ORDER

David Lutz, Honorable Judge, in his official and individual capacity; Michelle Ybarra; Legal Assistance of Dakota County, LADC; and Lydia Clemens, Guardian ad Litem,

Defendants.

Within a matter of days, Plaintiff Steve Salvador Ybarra filed two actions in this District concerning his ongoing divorce and child custody proceedings in Minnesota state court. See Ybarra v. Ybarra, Case No. 25-CV-0894 (KMM/DJF) (“Ybarra I”); Ybarra v. Lutz, et al., 25-CV-0938 (KMM/DJF) (“Ybarra II”). Because his claims concern the same factual matter, there is significant overlap between the two cases, thus warranting addressing both in the same order.

In each case, Mr. Ybarra has both filed an application to proceed in forma pauperis (“IFP”) and has paid the filing fee. See Ybarra I, IFP App. [ECF Nos. 2 & 3]; Ybarra II, IFP App. [ECF Nos. 2 & 16]. These matters are therefore before the Court for preservice

review pursuant to 28 U.S.C. § 1915(e) and the Court’s inherent authority to dismiss frivolous actions, see Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 409 296, 307-08 (1989). Upon that review, Ybarra I and Ybarra II are dismissed without prejudice, and all pending

motions are therefore be denied as moot. I. LEGAL STANDARD Pursuant to 28 U.S.C. § 1915(e), an IFP application will be denied, and an action will be dismissed notwithstanding the plaintiff’s financial eligibility for IFP status, when

an IFP application fails to state a cause of action on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii); Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir. 1996) (per curiam); Carter v. Schafer, 273 F. App’x 581, 582 (8th Cir. 2008) (per curiam) (“[C]ontrary to

plaintiffs’ arguments on appeal, the provisions of 28 U.S.C. § 1915(e) apply to all persons proceeding IFP and are not limited to prisoner suits, and the provisions allow dismissal without service.”). In reviewing whether a complaint states a claim on which relief may be granted,

this Court must accept as true all of the factual allegations in the complaint and draw all reasonable inferences in the plaintiff's favor. See Aten v. Scottsdale Ins. Co., 511 F.3d 818, 820 (8th Cir. 2008). Although the factual allegations in the complaint need not be detailed,

they must be sufficient to “raise a right to relief above the speculative level . . . .” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The complaint must “state a claim to relief that is plausible on its face.” Id. at 570. In assessing the sufficiency of the complaint, the court

may disregard legal conclusions that are couched as factual allegations. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints are to be construed liberally, but they still must allege sufficient facts to support the claims advanced. See Stone v. Harry, 364

F.3d 912, 914 (8th Cir. 2004). Further, “a complaint, containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). II. BACKGROUND

The Ybarras are in the midst of a contentious divorce involving questions of child custody. See Ybarra v. Ybarra, Case No. 19AV-FA-24-839 (Minn. Dist. Ct.). That case is currently set for a motion hearing in state court later this month and a court trial in June

2025. See id. (Index #216). Ms. Ybarra is represented by Legal Aid of Dakota County (“LADC”), a non-profit organization that provides legal services to financially eligible individuals, and Mr. Ybarra proceeds pro se. In Ybarra I, Mr. Ybarra sues Ms. Ybarra, claiming that Ms. Ybarra misrepresented

her income and assets to qualify for LADC services. He also claims that LADC, an organization that receives federal funding, discriminated against him, a Mexican- American, by failing to enforce its own financial eligibility requirements. And he says

that the assigned guardian ad litem (“GAL”) has exhibited bias against him during state divorce proceedings. Mr. Ybarra expressly asserts four causes of action against Ms. Ybarra for (1) fraud and perjury; (2) violating his due process and equal protection

rights under 42 U.S.C. § 1983; (3) violating Title VI of the Civil Rights Act, 42 U.S.C. § 2000d; and (4) wire fraud in violation of 18 U.S.C. § 1343. Ybarra I, Am. Compl. [ECF No. 7]. Mr. Ybarra has also filed a Motion for Expedited Discovery, id. [ECF No. 6],

an Emergency Motion for Custody, id. [ECF No. 10], and a Motion for Temporary Restraining Order, id. [ECF No. 11]. In Ybarra II, Ybarra takes aim at the divorce and child custody proceedings themselves, claiming that the state trial court judge—Judge Lutz—has failed to rule on

“urgent” motions, that Michelle Ybarra committed fraud and perjury by misrepresenting her income to the LADC in order to obtain their free legal services, that the LADC has represented her notwithstanding this fraud, and that Lydia Clemens, the assigned

guardian ad litem, has submitted false reports to the court. Ybarra II, [ECF No. 1]. Ybarra II asserts the same four causes of action as Ybarra I. Id. In that case, Mr. Ybarra has also filed a Motion for Preliminary Injunction to Stay the State Court Proceedings, id. [ECF No. 3], a Motion for Expedited Consideration, id. [ECF No. 4], a Motion for

Immediate Parenting Time Enforcement, id. [ECF No. 6], a Motion to Excuse Appearance, id. [ECF No. 7]; an Amended Motion, id. [ECF No. 8], a Motion to Compel Ruling, id. [ECF No. 9], Motion to Disqualify, id [ECF No. 10], Notice of Motion and Motion for Attorneys’

Fees and Sanctions, id. [ECF No. 11]; Motion for Temporary Restraining Order and Emergency Custody, id. [ECF No. 20], and Motion to Expedite, id. [ECF No. 21]. III. ANALYSIS

The Court considers Ybarra I and Ybarra II in turn, though some of the infirmities below are shared by both cases. A. Ybarra I

1. Younger Abstention Doctrine As a threshold matter, the Younger abstention doctrine “requires that federal courts ‘abstain from exercising their jurisdiction if (1) there is an ongoing state proceeding, (2) that implicates important state interests, and (3) that provides an

adequate opportunity to raise any relevant federal questions.’” Arseneau v. Pudlowski, 110 F.4th 1114, 1117 (8th Cir. 2024) (quoting Tony Alamo Christian Ministries v. Selig, 664 F.3d 1245

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