Opinion

Martin Ventress v. David Kilgore

Court
District Court, C.D. California
Filed
Dec 3, 2020
Cited by
0 cases
Authority
More cited than 17.9%

federal criminal provision does not give rise to civil liability or cause of action; dismissal of complaint required

How later courts described this case

  • federal criminal provision does not give rise to civil liability or cause of action; dismissal of complaint required
  • analyzing “the Constitution’s structure, its history,” and extensive Supreme Court precedent’

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SA CV 20-2192 MWF (MRW) Date December 3, 2020

Title Ventress v. Kilgore

Present: Hon. Michael R. Wilner

Veronica Piper n/a

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendant:

None present None present

Proceedings: ORDER RE: SCREENING OF COMPLAINT

This is a civil rights action. Plaintiff, a self-represented litigant, filed a 40+ page

complaint (plus various exhibits) that appears to seek redress from various state agencies

that administer child support or child welfare in California, Texas, and North Carolina.

Plaintiff paid the filing fee when he initiated the action. Nevertheless, the Court

preliminarily screened the complaint pursuant to 28 U.S.C. § 1915(e)(2). That statute

allows a court to dismiss a case or claim at any time (even if the litigant paid the filing fee

in full) if an action does not plead claims with adequate specificity, seeks monetary relief

from immune parties, or otherwise does not comply with the law.

Based on the Court’s review of Plaintiff's Complaint, IT IS HEREBY ORDERED

that Plaintiff will show cause why the action should not be dismissed for the following

reasons:

Federal Rule of Civil Procedure 8 — Rule 8 requires a party to plead “a short

and plain statement of the claim showing that the pleader is entitled to

relief” from a defendant. However, the rambling civil complaint consists

primarily of lengthy conclusory statements, snippets of legal terminology,

and assertions unrelated to Plaintiffs purported substantive claims. It is not

a “short and plain statement” in the manner of an understandable civil

complaint.

No Plausible Claim — A complaint may be dismissed under Federal Rule of

Civil Procedure 12 for failure to state a claim based on the lack of a

cognizable legal theory or the absence of facts alleged under such a theory.

Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). A

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SA CV 20-2192 MWF (MRW) Date December 3, 2020

Title Ventress v. Kilgore

complaint must contain enough facts to establish a “plausible” entitlement to

relief that is more than merely speculative. Ashcroft v. Iqbal, 556 U.S. 662,

678 (2009). Plaintiff's complaint fails to clearly and concisely allege facts

against any of the specifically-named defendants.

i Sovereign Immunity — The Eleventh Amendment to the U.S. Constitution

and general principles of sovereign immunity prohibit suing a state or state

agency in federal court. The U.S. Supreme Court “has consistently held that

an unconsenting State is immune from suits brought in federal courts by her

own citizens as well as by citizens of another State.” Edelman v. Jordan,

415 U.S. 651, 662-63 (1974). The immunity of states from lawsuits is a

“fundamental aspect of the sovereignty which the states enjoyed before the

ratification of the Constitution and which they retain today.” Alden v. Maine,

527 U.S. 706, 713 (1999) (analyzing “the Constitution’s structure, its history,”

and extensive Supreme Court precedent’). Plaintiff's complaint facially seeks

relief against various state officials and agencies. The action is clearly barred

by sovereign immunity.

Criminal Statutes — Federal criminal statutes do not allow for private causes

of action by a civil litigant. See, e.g., Town of Castle Rock, Colo. v. Gonzales,

545 U.S. 748, 767 n.12-13 (2005) (private citizen “lacks a judicially cognizable

interest” under federal statute criminalizing conduct); Allen v. Gold Country

Casino, 464 F.3d 1044 (9th Cir. 2006) (federal criminal provision does not

give rise to civil liability or cause of action; dismissal of complaint required).

To the extent that Plaintiff relies on civil rights provisions from the federal

criminal code [18 U.S.C. § 242 and 245 (Docket # 1 at 20)], those statutes will

not support any private right of action.

Venue — 28 U.S.C. § 1319(b) provides that a litigant may bring a civil action

in the federal judicial district in which all defendants reside, or in the district

in which “a substantial part of the events” underlying the claims occurred.

Plaintiffs conclusory claims — especially against the Texas and North

Carolina parties — are far too unclear to lead to a finding that venue of

Plaintiffs claims against them is appropriate in Southern California.

kk *

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SA CV 20-2192 MWF (MRW) Date December 3, 2020

Title Ventress v. Kilgore

Plaintiff is therefore ordered to show cause why this action should not be dismissed

before service on any party. Plaintiff may discharge this order by submitting (a) an

explanation (not to exceed five pages) citing appropriate authority that supports the

validity of each of the claims plus (b) a First Amended Complaint that complies with the

Federal Rule of Civil Procedure. Plaintiffs submission will be due by January 4, 2021.

Alternatively, Plaintiff may voluntarily dismiss the action in its entirety with

no further consequence.

Failure to comply with this order will result in a reeommendation that the

action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Applied

Underwriters, Inc. v. Lichtenegger, 913 F.3d 884 (9th Cir. 2019).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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