Opinion

(PS) Edison v. Huneke

Court
District Court, E.D. California
Filed
May 2, 2022
Cited by
0 cases
Authority
More cited than 18.1%

holding that while leave to amend shall be freely 28 //// 1 || given, the court does not have to allow futile amendments

How later courts described this case

  • holding that while leave to amend shall be freely 28 //// 1 || given, the court does not have to allow futile amendments
  • “the district court did not abuse its discretion by denying McGee’s request to proceed 10 IFP because it appears from the face of the amended complaint that McGee’s action is frivolous 11 or without merit”

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 LEWIS EDISON, No. 2:22-cv-0474 TLN DB PS

12 Plaintiff,

13 v. FINDINGS AND RECOMMENDATIONS

14 DAVID MICHAEL HUNEKE, UNITED

STATES AGENCY FBI/CIA,

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16 Defendant.

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18 Plaintiff Lewis Edison is proceeding in this action pro se. This matter was referred to the

19 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending

20 before the court are plaintiff’s complaint and motion to proceed in forma pauperis pursuant to 28

21 U.S.C. § 1915. (ECF Nos. 1 & 2.) The complaint’s allegations concern a fanciful conspiracy.

22 The court is required to screen complaints brought by parties proceeding in forma

23 pauperis. See 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir.

24 2000) (en banc). Here, plaintiff’s complaint is deficient. Accordingly, for the reasons stated

25 below, the undersigned will recommend that plaintiff’s complaint be dismissed without leave to

26 amend.

27 ////

28 ////

1 I. Plaintiff’s Application to Proceed In Forma Pauperis

2 Plaintiff’s in forma pauperis application makes the financial showing required by 28

3 U.S.C. § 1915(a)(1). However, a determination that a plaintiff qualifies financially for in forma

4 pauperis status does not complete the inquiry required by the statute. “‘A district court may deny

5 leave to proceed in forma pauperis at the outset if it appears from the face of the proposed

6 complaint that the action is frivolous or without merit.’” Minetti v. Port of Seattle, 152 F.3d

7 1113, 1115 (9th Cir. 1998) (quoting Tripati v. First Nat. Bank & Trust, 821 F.2d 1368, 1370 (9th

8 Cir. 1987)); see also McGee v. Department of Child Support Services, 584 Fed. Appx. 638 (9th

9 Cir. 2014) (“the district court did not abuse its discretion by denying McGee’s request to proceed

10 IFP because it appears from the face of the amended complaint that McGee’s action is frivolous

11 or without merit”); Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965) (“It is the duty of the

12 District Court to examine any application for leave to proceed in forma pauperis to determine

13 whether the proposed proceeding has merit and if it appears that the proceeding is without merit,

14 the court is bound to deny a motion seeking leave to proceed in forma pauperis.”).

15 Moreover, the court must dismiss an in forma pauperis case at any time if the allegation of

16 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to

17 state a claim on which relief may be granted, or seeks monetary relief against an immune

18 defendant. See 28 U.S.C. § 1915(e)(2). A complaint is legally frivolous when it lacks an

19 arguable basis in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v.

20 Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). Under this standard, a court must dismiss a

21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the

22 factual contentions are clearly baseless. Neitzke, 490 U.S. at 327; 28 U.S.C. § 1915(e).

23 To state a claim on which relief may be granted, the plaintiff must allege “enough facts to

24 state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544,

25 570 (2007). In considering whether a complaint states a cognizable claim, the court accepts as

26 true the material allegations in the complaint and construes the allegations in the light most

27 favorable to the plaintiff. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); Hosp. Bldg. Co. v.

28 Trustees of Rex Hosp., 425 U.S. 738, 740 (1976); Love v. United States, 915 F.2d 1242, 1245

1 (9th Cir. 1989). Pro se pleadings are held to a less stringent standard than those drafted by

2 lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). However, the court need not accept as true

3 conclusory allegations, unreasonable inferences, or unwarranted deductions of fact. Western

4 Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981).

5 The minimum requirements for a civil complaint in federal court are as follows:

6 A pleading which sets forth a claim for relief . . . shall contain (1) a

short and plain statement of the grounds upon which the court’s

7 jurisdiction depends . . . , (2) a short and plain statement of the claim

showing that the pleader is entitled to relief, and (3) a demand for

8 judgment for the relief the pleader seeks.

9 Fed. R. Civ. P. 8(a).

10 II. Plaintiff’s Complaint

11 “[T]he in forma pauperis statute . . . ‘accords judges not only the authority to dismiss a

12 claim based on an indisputably meritless legal theory, but also the unusual power to pierce the

13 veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are

14 clearly baseless.’” Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Neitzke, 490 U.S. at

15 327). “Examples of the latter class are claims describing fantastic or delusional scenarios, claims

16 with which federal district judges are all too familiar.” Neitzke, 490 U.S. at 328.

17 Here, the complaint alleges that “defendants have used space satellites with beams locked

18 onto plaintiff . . . to make them look like someone to take over human research experiments

19 investigations security.” (Compl. (ECF No. 1) at 7.) In this regard, the complaint’s allegations

20 are delusional.

21 III. Leave to Amend

22 For the reasons stated above, plaintiff’s complaint should be dismissed. The undersigned

23 has carefully considered whether plaintiff may amend the complaint to state a claim upon which

24 relief could be granted. “Valid reasons for denying leave to amend include undue delay, bad

25 faith, prejudice, and futility.” California Architectural Bldg. Prod. v. Franciscan Ceramics, 818

26 F.2d 1466, 1472 (9th Cir. 1988); see also Klamath-Lake Pharm. Ass’n v. Klamath Med. Serv.

27 Bureau, 701 F.2d 1276, 1293 (9th Cir. 1983) (holding that while leave to amend shall be freely

28 ////

1 || given, the court does not have to allow futile amendments). In light of the deficiencies noted

2 | above, the undersigned finds that it would be futile to grant plaintiff leave to amend.

3 CONCLUSION

4 For the reasons stated above, IT IS HEREBY RECOMMENDED that:

5 1. Plaintiff's March 14, 2022 application to proceed in forma pauperis (ECF No. 2) be

6 | denied;

7 2. Plaintiff's March 14, 2022 complaint (ECF No. 1) be dismissed without leave to

8 || amend; and

9 3. This action be closed.

10 These findings and recommendations will be submitted to the United States District Judge

11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days

12 | after being served with these findings and recommendations, plaintiff may file written objections

13 || with the court. A document containing objections should be titled “Objections to Magistrate

14 | Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within

15 || the specified time may, under certain circumstances, waive the right to appeal the District Court’s

16 | order. See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

17 | Dated: April 29, 2022

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20 BORAH BARNES

UNITED STATES MAGISTRATE JUDGE

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DB/orders/orders.pro se/edison0474.dism.f&rs

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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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