Opinion

Opinion

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

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. EDCV 26-3338 JGB (DTB) Date June 30, 2026

Title Dwight Timothy Grandy v. James Carson, et al.

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Not Reported

Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):

None Present None Present

Proceedings: Order (1) DISMISSING Plaintiff’s Complaint (Dkt. No. 1); and (2)

DENYING AS MOOT Plaintiff’s Offer (Dkt. No. 3)

The Court reviews plaintiff Dwight Timothy Grandy’s Complaint. (“Complaint,” Dkt.

No. 1.) The Court determines this matter is appropriate for resolution without hearing. See Fed.

R. Civ. P. 78; L.R. 7-15. The Court DISMISSES the Complaint sua sponte.

I. BACKGROUND

On June 14, 2026, plaintiff Dwight Timothy Grandy (“Plaintiff”) filed a complaint

against defendants Alonzo Cantos, James Robert Carson, C. Murillo, and Richard Vernard Peel

(collectively, “Defendants”). (“Complaint,” Dkt. No. 1.) On the same day, Plaintiff filed an

“Offer and Conditional acceptance of court fees upon proof that court is of proper jurisdiction

with points and authorities; or in the alternative an order of dismissal for lack of jurisdiction.”

(“Offer,” Dkt. No. 3.) The Complaint alleges three causes of action: (1) denial of due process,

(2) infliction of peonage and involuntary servitude, and (3) tortious interference. (Compl. at 6-7.)

II. DISCUSSION

The Complaint alleges that it constitutes a “collateral attack” to case no. 16CR-201048 in

the California Superior Court, County of San Bernardino (“State Proceeding”). (Compl. at 2.)

Under Fed. R. Civ. P. 12(b)(6), a complaint must “contain sufficient allegations of underlying

Page 1 of 3 CIVIL MINUTES—GENERAL Initials of Deputy Clerk mg

facts to give fair notice and to enable the opposing party to defend itself effectively,” and (2) “the

factual allegations that are taken as true must plausibly suggest an entitlement to relief, such that

it is not unfair to require the opposing party to be subjected to the expense of discovery and

continued litigation.” Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). Where a party fails to

state a claim under Fed. R. Civ. P. 12(b)(6), a court may dismiss the claim sua sponte. Omar v.

Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987). Similarly, where a suit lacks standing, the

Court lacks subject matter jurisdiction, and the suit should be dismissed under Fed. R. Civ. P.

12(b)(1). See Cetacean Cmty. v. Bush, 386 F.3d 1169, 1174 (9th Cir. 2004).

The Court construes Plaintiff’s pro se pleadings “liberally” and affords Plaintiff “the

benefit of any doubt.” Chambers v. Herrera, 78 F.4th 1100, 1104 (9th Cir. 2023) (internal

citations omitted). Upon dismissal of any claims, the court must tell a pro se plaintiff of a

pleading’s deficiencies and provide an opportunity to cure such defects. Garity v. APWU Nat’l

Lab. Org., 828 F.3d 848, 854 (9th Cir. 2016). However, if amendment would be futile, leave to

amend does not need to be provided. Lathus v. City of Huntington Beach, 56 F.4th 1238, 1243

(9th Cir. 2023).

Under the Rooker-Feldman doctrine, federal district courts are precluded from reviewing

state court judgments in “cases [1] brought by state-court losers [2] complaining of injuries

caused by state-court judgments [3] rendered before the district court proceedings commenced

and [4] inviting district court review and rejection of those judgments.” Brown v. Duringer Law

Grp. PLC, 86 F.4th 1251, 1254 (9th Cir. 2023) (internal quotation marks omitted). To determine

whether the Rooker-Feldman doctrine is applicable, a federal district first must “determine

whether the action contains a forbidden de facto appeal of a state court decision.” Bell v. City of

Boise, 709 F.3d 890, 897 (9th Cir. 2013). “A de facto appeal exists when a federal plaintiff asserts

as a legal wrong an allegedly erroneous decision by a state court, and seeks relief from a state

court judgment based on that decision.” Id. (internal quotation marks omitted).

By Plaintiff’s own admission, the instant case “is a collateral attack to case 16CR-

021048.” (Compl. at 2.) Plaintiff has merely submitted the same claims that were raised in the

State Proceeding. (See Compl.) Plaintiff attempts to bring a “forbidden de facto appeal” of his

State Proceeding. Noel v. Hall, 341 F.3d 1148, 1156 (9th Cir. 2003). As a result, the Rooker-

Feldman doctrine, which bars Plaintiff’s action. Leave to amend in this instance would be futile

because the Court does not have subject matter jurisdiction over the claims. See Noel v. Hall, 341

F.3d 1148, 1154 (9th Cir. 2003); Lathus, 56 F.4th at 1243.

Therefore, the Court lacks subject matter jurisdiction and sua sponte DISMISSES the

Complaint WITHOUT LEAVE TO AMEND. Accordingly, Plaintiff’s Offer is DENIED AS

MOOT.

III. CONCLUSION

Page 2 of 3 CIVIL MINUTES—GENERAL Initials of Deputy Clerk mg

For the reasons stated above, Plaintiff’s Complaint is DISMISSED WITHOUT LEAVE

TO AMEND and Plaintiff’s Offer is DENIED AS MOOT. The Clerk is DIRECTED to close

the case.

IT IS SO ORDERED.

Page 3 of 3 CIVIL MINUTES—GENERAL Initials of Deputy Clerk mg

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.