Opinion

Bonta

Court
District Court, E.D. California
Filed
Apr 30, 2026
Cited by
0 cases
Authority
More cited than 41.6%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 MAKAL BRUSAMTONE Case No.: 1:26-cv-02853-JLT-CDB (PC)

MAKFARSAN,

12 FINDINGS AND RECOMMENDATIONS TO

Plaintiff, DISMISS ACTION AS FRIVOLOUS

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v. 14-Day Objection Period

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ROB BONTA, et al.,

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Defendants.

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18 Plaintiff Makal Brusamtone Makfarsan, also known as Michael McPherson, is appearing

19 pro se in this civil rights action pursuant to Title 42 of the United States Code section 1983.

20 I. INTRODUCTION

21 Plaintiff initiated this action by filing a complaint and an application to proceed in forma

22 pauperis on April 15, 2026. (Docs. 1 & 2.)

23 Following a review of the complaint, the undersigned will recommend this action be

24 dismissed as frivolous.

25 II. SCREENING REQUIREMENT

26 The Court is required to screen complaints brought by prisoners seeking relief against a

27 governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious,

1 fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant

2 who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if

3 it lacks a cognizable legal theory or fails to allege sufficient facts to support a cognizable legal

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

5 III. PLEADING REQUIREMENTS

6 A. Federal Rule of Civil Procedure 8(a)

7 “Rule 8(a)’s simplified pleading standard applies to all civil actions, with limited

8 exceptions.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 513 (2002). A complaint must contain

9 “a short and plain statement of the claims showing that the pleader is entitled to relief.” Fed. R.

10 Civ. P. 8(a)(2). “Such a statement must simply give the defendant fair notice of what the

11 plaintiff’s claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512 (internal

12 quotation marks & citation omitted).

13 Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a

14 cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556

15 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must

16 set forth “sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its face.’”

17 Id. (quoting Twombly, 550 U.S. at 570). Factual allegations are accepted as true, but legal

18 conclusions are not. Id. (citing Twombly, 550 U.S. at 555).

19 The Court construes pleadings of pro se prisoners liberally and affords them the benefit of

20 any doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citation omitted). However, “the

21 liberal pleading standard . . . applies only to a plaintiff’s factual allegations,” not his legal

22 theories. Neitzke v. Williams, 490 U.S. 319, 330 n.9 (1989). Furthermore, “a liberal interpretation

23 of a civil rights complaint may not supply essential elements of the claim that were not initially

24 pled,” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (internal

25 quotation marks & citation omitted), and courts “are not required to indulge unwarranted

26 inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation

27 marks & citation omitted). The “sheer possibility that a defendant has acted unlawfully” is not

1 liability” fall short. Iqbal, 556 U.S. at 678 (internal quotation marks & citation omitted).

2 B. Linkage and Causation

3 Section 1983 provides a cause of action for the violation of constitutional or other federal

4 rights by persons acting under color of state law. See 42 U.S.C. § 1983. To state a claim under

5 section 1983, a “plaintiff must allege facts, not simply conclusions, that show that an individual

6 was personally involved in the deprivation of his civil rights.” Barren v. Harrington, 152 F.3d

7 1193, 1194 (9th Cir. 1998); see Iqbal, 556 U.S. at 676 (“Because vicarious liability is

8 inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official

9 defendant, through the official’s own individual actions, has violated the Constitution”); Leer v.

10 Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (“The inquiry into causation must be individualized

11 and focus on the duties and responsibilities of each individual defendant whose acts or omissions

12 are alleged to have caused a constitutional deprivation” (citing Rizzo v. Goode, 423 U.S. 362,

13 370-71, 375-77 (1976)). The Ninth Circuit has held that “[a] person ‘subjects’ another to the

14 deprivation of a constitutional right, within the meaning of section 1983, if he does an affirmative

15 act, participates in another’s affirmative acts, or omits to perform an act which he is legal required

16 to do that causes the deprivation of which complaint is made.” Johnson v. Duffy, 588 F.2d 740,

17 743 (9th Cir. 1978) (citation omitted).

18 IV. DISCUSSION

19 A. Plaintiff’s Complaint

20 Plaintiff names California Attorney General Rob Bonta and California Substance Abuse

21 Treatment Facility (SATF) Warden Raul Morales as defendants in this action. (Doc. 1 at 1-2.) He

22 asserts a single claim for relief and identifies his constitutional or other federal right violated as

23 “‘Equitable and Declaratory Relief is Given; I am Royal & Sovereign & Keng & Gad’” and the

24 issue involved as “Threat to safety.” (Id. at 6.) By way of relief, Plaintiff seeks “‘Release From

25 Prison, Discharge From Custody Immediately’” and “‘Restored Royal Status And All Property in

26 My Quitclaim Deed.’” (Id. at 9.) Accompanying the form complaint are a “Quitclaim Deed” (id.

27 at 4) and a “Declaration Of Original Royal Family Of England” (id. at 5).

1 B. Plaintiff’s Claim for Relief

2 The entirety of Plaintiff’s claim reads as follows:

3 A decree was entered on 04/06/2026 for equitable and declaratory

relief. Magistrate Judge Erica P. Grosjean and District Judge Kirk

4 E. Sherriff signed a new declaration of my independence as the

original Keng and Gad, including my family “Perrymans” as the

5 original “Royal Family.” In my declaration, the judge stated: it only

contains “fantastical claims” to support my request for “equitable”

6 and declaratory relief. Where there’s no remedy at law for

sovereign reasons, given my status as Gad and Keng. “Gad” means,

7 title: “Government Andapandant Declaration.” “Keng” means, title:

“Government National ev Kuran England National Gad.”

8 “Perryman” means, title: “National America Manor, Your Rose

Races, Earth, Pian, England Royal Race Year, Makfarsan America

9 National.” “Royal” means, title: “liberty, Andapandans, yellow,

orange, red; one, your andapandant liberty.”

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11 (See Doc. 1 at 6.) Plaintiff states his “[i]njury as follows: “’Now I have supreme authority to care

12 for all my races, all my land, and my government including all my property.’” (Id.)

13 C. Analysis

14 A claim is frivolous “when the facts alleged arise to the level of the irrational or the

15 wholly incredible, whether or not there are judicially noticeable facts available to contradict

16 them.” Denton v. Hernandez, 504 U.S. 25, 32-33 (1992); see Neitzke, 490 U.S. at 325, 328

17 (finding claims may be dismissed as “frivolous” where the allegations are “fanciful” or

18 “describe[e] fantastic or delusional scenarios”). “The Court may ... dismiss a claim as frivolous

19 where it is based on an indisputably meritless legal theory or where the factual contentions are

20 clearly baseless.” Howell v. Johnson, No. 2:21-cv-0997-CKD P, 2021 WL 3602139, at *1 (E.D.

21 Cal. Aug. 13, 2021) (citing Neitzke, 490 U.S. at 327).

22 A review of Plaintiff's complaint establishes that it contains fantastical claims. Although

23 much of it is illegible and difficult to decipher, it appears that Plaintiff asserts he is God and/or

24 King over the United States of America and the United Kingdom. Additionally, Plaintiff’s

25 “Quitclaim Deed” and “Declaration” offered in support of his claim are nonsensical and/or

26 fantastical. For example, the “Quitclaim Deed” claims that Plaintiff “owns dad [the]

27 government.” (Id. at 4.) The “Declaration” includes a list of first names (Dennis, Floyd, Mackey,

1 ”Makfarsan” and makes various references to “manor[s],” “crown[s],” land and sea ownership,

2 Hollywood, and other nonsensical words and phrases. (Id. at 5).

3 Simply put, Plaintiff’s complaint is frivolous. Denton, 504 U.S. at 32-33; Neitzke, 490

4 U.S. at 325, 328; Howell, 2021 WL 3602139, at *1. And because Plaintiff’s complaint is

5 frivolous, granting Plaintiff leave to amend his complaint would be futile. See Steel Co. v.

6 Citizens for a Better Environment, 523 U.S. 83, 89 (1998) (holding federal courts lack subject

7 matter jurisdiction to consider claims that are “so insubstantial, implausible, foreclosed by prior

8 decisions of this court, or otherwise completely devoid of merit as not to involve a federal

9 controversy.”). Therefore, the undersigned will recommend this action be dismissed.

10 V. ORDER AND RECOMMENDATION

11 Accordingly, the Court directs the Clerk of the Court to randomly assign a district judge to

12 this action.

13 Further, for the reasons stated above, the Court HEREBY RECOMMENDS Plaintiff’s

14 claim in this action be dismissed as frivolous and that the case be closed.

15 These Findings and Recommendations will be submitted to the United States District

16 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

17 after being served with a copy of these Findings and Recommendations, a party may file written

18 objections with the Court. Local Rule 304(b). The document should be captioned, “Objections to

19 Magistrate Judge’s Findings and Recommendations” and shall not exceed 15 pages without

20 leave of Court and good cause shown. The Court will not consider exhibits attached to the

21 Objections. To the extent a party wishes to refer to any exhibit(s), the party should reference the

22 exhibit in the record by its CM/ECF document and page number, when possible, or otherwise

23 reference the exhibit with specificity. Any pages filed in excess of the 15-page limitation may be

24 disregarded by the District Judge when reviewing these Findings and Recommendations under 28

25 U.S.C. § 636(b)(l)(C).

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] A party’s failure to file any objections within the specified time may result in the waiver

2 | of certain rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).

3 | ITIS SO ORDERED.

* | Dated: _ April 30, 2026 | bo

5 UNITED STATES MAGISTRATE JUDGE

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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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