Opinion

Gregory Ackers v. University of California Board of Regents

Court
District Court, C.D. California
Filed
May 21, 2024
Cited by
0 cases
Authority
More cited than 16.5%

“This Court has held that the interests of a taxpayer in the moneys of the federal treasury are too indeterminable, remote, uncertain and indirect to furnish a basis for an appeal to the preventive powers of the Court over their manner of expenditure.”

How later courts described this case

  • “This Court has held that the interests of a taxpayer in the moneys of the federal treasury are too indeterminable, remote, uncertain and indirect to furnish a basis for an appeal to the preventive powers of the Court over their manner of expenditure.”
  • “To have Article III standing to sue in federal court, plaintiffs must demonstrate, among other things, that they suffered a concrete harm.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04145-PSG-AJR Date: May 21, 2024

Page 1 of 4

Title: Gregory Ackers v. University of California Board of Regents

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD

NOT BE DISMISSED FOR LACK OF JURISDICTION

PRESENT:

HONORABLE A. JOEL RICHLIN, UNITED STATES MAGISTRATE JUDGE

_Claudia Garcia-Marquez_ _______None_______ __None__

Deputy Clerk Court Reporter/Recorder Tape No.

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR

PLAINTIFF: DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On May 15, 2024, pro se Plaintiff Gregory Ackers (“Plaintiff”), filed a Civil

Complaint (“the “Complaint”) alleging violations of the Civil Rights Act of 1964, Seth’s

Law, breach of fiduciary duty, and breach of contract. (Dkt. 1.) Also on May 15, 2024,

Plaintiff filed an Application to Proceed in District Court Without Prepaying Fees or

Costs, which is currently pending. (Dkt. 2.)

In the Complaint, Plaintiff alleges that he is a tax-paying citizen of the State of

California and resides in San Diego. (Dkt. 1 at 1.) Plaintiff alleges that during the last

week of April 2023, Jewish students experienced fear and bigotry on the campus of the

University of California, Los Angeles (“UCLA”). (Id. at 2.) Plaintiff alleges that Jewish

students “were physically blockaded from entry to academic buildings by masked crowds

of bullies & thugs, behaving as a De-Facto campus Police force.” (Id.) Plaintiff alleges

that he is “particularly disturbed by the sharp-rise in Anti-Semitism targeting Jewish

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04145-PSG-AJR Date: May 21, 2024

Page 2 of 4

Title: Gregory Ackers v. University of California Board of Regents

students on college campuses.” (Id.)

Plaintiff alleges that UCLA is subject to Title VI of the Civil Rights Act of 1964 as

a recipient of federal funds. (Id. at 3.) Plaintiff alleges in Count 1 that Defendant

University of California Board of Regents (“Defendant”) breached its contractual duty to

Jewish students to maintain a safe environment for learning. (Id. at 4.) Plaintiff alleges in

County 2 that Defendant violated the civil rights of Jewish students as protected by Title

VI of the Civil Rights Act of 1964. (Id. at 5.) Plaintiff alleges in Count 3 that Defendant

failed to protect Jewish students from religious discrimination in violation of Seth’s Law.

(Id.) Plaintiff alleges in Count 4 that Defendant breached its fiduciary duty to Jewish

students. (Id.) Plaintiff demands a jury trial and seeks declaratory relief, injunctive relief,

compensatory damages, punitive damages, attorneys’ fees and costs, as well as any other

relief that the Court finds appropriate. (Id. at 6.)

Federal courts are always under an independent obligation to examine their own

jurisdiction, and a federal court may not entertain an action over which it has no

jurisdiction.” Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000) (per curiam)

(internal quotation marks and citation omitted). Under Federal Rule of Civil Procedure

12(b)(6), a trial court may dismiss a claim sua sponte “where the claimant cannot possibly

win relief.” Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987); see also

Baker v. Director, U.S. Parole Comm’n, 916 F.2d 725, 726 (D.C. Cir. 1990) (per curiam)

(adopting Ninth Circuit’s position in Omar and noting that such a sua sponte dismissal “is

practical and fully consistent with plaintiff’s rights and the efficient use of judicial

resources”). Moreover, Congress requires district courts to dismiss a complaint if the

court determines that the complaint, or any portion thereof: (1) is frivolous or malicious;

(2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2). An initial

review of the Complaint suggests the Court lacks jurisdiction over this action for the

reasons outlined below.

\\

\\

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04145-PSG-AJR Date: May 21, 2024

Page 3 of 4

Title: Gregory Ackers v. University of California Board of Regents

I. DISCUSSION

A. Plaintiff Lacks Standing.

Article III of the U.S. Constitution requires a concrete injury to the Plaintiff. See

TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2200 (2021) (“To have Article III standing

to sue in federal court, plaintiffs must demonstrate, among other things, that they suffered

a concrete harm.”). “Central to assessing concreteness is whether the asserted harm has a

‘close relationship’ to a harm traditionally recognized as providing a basis for a lawsuit in

American courts—such as physical harm, monetary harm, or various intangible harms

including (as relevant here) reputational harm.” Id. Here, Plaintiff does not allege that he

personally experienced any of the allegedly wrongful conduct described in the Complaint.

(Dkt. 1 at 1-6.) Instead, Plaintiff merely alleges that he is a tax-paying citizen of the State

of California and resides in San Diego. (Id. at 1.) Thus, Plaintiff does not appear to be a

student at UCLA or to have been physically present on campus at any time when the

allegedly wrongful conduct occurred. (Id.)

Accordingly, Plaintiff does not appear to have alleged any concrete harm to himself

within the meaning of Article III of the U.S. Constitution. While any Jewish student at

UCLA who has experienced the alleged wrongful conduct described in the Complaint

would clearly have standing, Plaintiff does not allege that he is such a student. At most,

Plaintiff appears to seek standing as a taxpayer and citizen of the State of California. (Dkt.

1 at 1.) However, the U.S. Supreme Court has repeatedly held that the mere fact that

someone is a taxpayer is generally insufficient to confer standing in federal court. See,

e.g., Doremus v. Bd. of Ed. of Borough of Hawthorne, 342 U.S. 429, 433 (1952) (“This

Court has held that the interests of a taxpayer in the moneys of the federal treasury are too

indeterminable, remote, uncertain and indirect to furnish a basis for an appeal to the

preventive powers of the Court over their manner of expenditure.”).

II. DISPOSITION

For the foregoing reasons, Plaintiff is ORDERED TO SHOW CAUSE why this

action should not be dismissed without prejudice for lack of jurisdiction. On or before

June 20, 2024, Plaintiff shall file a response to this Order. If Plaintiff fails to timely

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 2:24-cv-04145-PSG-AJR Date: May 21, 2024

Page 4 of 4

Title: Gregory Ackers v. University of California Board of Regents

respond to this Order, this action may be dismissed for failure to obey court orders and/or

failure to prosecute. If Plaintiff no longer wishes to pursue this action, he may voluntarily

dismiss the action by filing a Notice of Dismissal in accordance with Federal Rule of Civil

Procedure 41(a)(1). A form Notice of Dismissal is attached for convenience.

IT IS SO ORDERED.

Attachment:

CV-09, Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c).

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.