Opinion

Perales v. City and County of San Francisco Sheriff Department

Court
District Court, D. Massachusetts
Filed
Dec 26, 2017
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

AZAEL DYTHIAN PERALES, )

)

Plaintiff, )

)

v. )

C.A. No. 17-11509-PBS

)

CITY AND COUNTY OF SAN )

FRANCISCO SHERIFF’S DEPARTMENT, )

et al., )

)

Defendants. )

MEMORANDUM AND ORDER

December 26, 2017

Saris, C.J.

For the reasons stated below, the Court dismisses this

action.

I. Background

Pro se litigant Azael Dythian Perales, who provides a

California mailing address and states that he is homeless, has

filed a 177-page document that was docketed as a single

complaint. He names over 250 defendants, most of whom he

identifies as being employees or departments of the State of

California, San Francisco County, Los Angeles County, and Orange

County. Perales claims that the defendants are guilty of

espionage, computer and bank fraud crimes, RICO crimes, and

other misconduct.

Perales seeks leave to proceed in forma pauperis.

II. Discussion

Where a litigant moves to proceed without prepayment of the

filing fee, the Court conducts a preliminary review of the

complaint and may dismiss if it is malicious, frivolous, fails

to state a claim upon which relief may be granted, or seeks

monetary relief against a defendant who is immune from such

relief. See 28 U.S.C. § 1915(e)(2). “The term ‘frivolous’ is

used to denote not only a claim wholly lacking in merit but also

a suit that, for whatever reason, clearly can’t be maintained.”

Okoro v. Bohman, 164 F.3d 1059, 1063 (7th Cir. 1999).

Here, Perales’s complaint cannot be maintained and is

therefore frivolous because it does not meet the pleading

requirements of Rule 8(a) of the Federal Rules of Civil

Procedure, the Court is without personal jurisdiction over the

defendants, and venue is improper.

Rule 8(a) requires a complaint to set forth a “short and

plain statement of the claim showing that the pleader is

entitled to relief.” Fed. R. Civ. P. 8(a)(2). At a minimum,

the complaint must “give the defendant fair notice of what the

plaintiff’s claim is and the grounds upon which it rests.”

Calvi v. Knox County, 470 F.3d 422, 430 (1st Cir. 2006) (quoting

Educadores Puertorriqueños en Acción v. Hernández, 367 F.3d 61,

66 (1st Cir. 2004)). Rule 8(a) requires a party to make his

pleading

straightforward, so that judges and adverse parties

need not try to fish a gold coin from a bucket of mud.

Federal judges have better things to do, and the

substantial subsidy of litigation (court costs do not

begin to cover the expense of the judiciary) should be

targeted on those litigants who take the preliminary

steps to assemble a comprehensible claim.

United States ex rel. Garst v. Lockheed-Martin Corp. 328 F.3d

374, 378 (7th Cir. 2003). Thus, at a minimum, the complaint

must “give the defendant fair notice of what the plaintiff’s

claim is and the grounds upon which it rests.” Calvi v. Knox

County, 470 F.3d 422, 430 (1st Cir. 2006) (quoting Educadores

Puertorriqueños en Acción v. Hernández, 367 F.3d 61, 66 (1st

Cir. 2004)). Here, Perales’s complaint is lengthy and

incomprehensible rather than short and plain.

Further, the Court is without personal jurisdiction over

the defendants. “[T]o hear a case, a court must have personal

jurisdiction over the parties, ‘that is, the power to require

the parties to obey its decrees.’” Hannon v. Beard, 524 F.3d

275, 279 (1st Cir. 2008) (quoting Daynard v. Ness, Motley,

Lodaholt, Richardson, & Poole, P.A., 290 F.3d 42, 50 (1st Cir.

2002)). The due process clause of the United States

Constitution “protects an individual’s liberty interest in not

being subject to the binding judgments of a forum with which he

has established no meaningful contacts, ties, or relations.”

Cossaboon v. Maine Medical Ctr., 600 F.3d 25, 32 (1st Cir. 2010)

(quoting Burger King Corp. v. Rudzewicz, 471 U.S. 642-472-72

(1985)) (internal quotation marks omitted). Therefore, “a court

is precluded from asserting jurisdiction unless ‘the defendant’s

conduct and connection with the forum State are such that [it]

should reasonably anticipate being haled into court there.’” Id.

(quoting World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286,

297 (1980)) (alteration in original). Perales has not pled any

facts from which the Court can reasonably infer that the

defendants, who are indentified as California residents, have

meaningful contacts with Massachusetts that would permit the

Court to exercise personal jurisdiction over them.

Finally, the action cannot be maintained in this Court

because venue is not proper in the District of Massachusetts.

See 28 U.S.C. § 1391.

III. Conclusion

Accordingly:

1. The motion for leave to proceed in forma pauperis is

ALLOWED.

2. This action is DISMISSED as frivolous.

3. The motion to admit new related cases is DENIED.

SO ORDERED.

/s/ Patti B. Saris_____

PATTI B. SARIS

CHIEF, U.S. DISTRICT JUDGE

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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