(PC) Humes v. Sacramento County Superior Court, No. 2:2018cv00726 - Document 16 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/27/2018 GRANTING Motion to Proceed IFP; DIRECTING Clerk of Court to assign a district judge to this case; and RECOMMENDING Plaintiff's amended complaint be dismissed, this case be closed, and this case be identified as a "strike" for purposes of 28 U.S.C. § 1915(g). Plaintiff to pay the statutory filing fee of $350. All fees to be collected and paid in accordance with this court's order to the Sacramento County Sheriff filed concurrently herewith. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 No. 18-cv-0726 CKD P Plaintiff, 13 v. 14 ORDER AND SACRAMENTO COUNTY SUPERIOR COURT, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 17 Plaintiff is a Sacramento County Jail prisoner proceeding pro se and seeking relief 18 19 pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 20 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff requests leave to proceed in forma pauperis. Since plaintiff has submitted a 21 22 declaration that makes the showing required by 28 U.S.C. § 1915(a),1 his request will be granted. 23 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 24 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the 25 1 26 27 28 As is apparent from reviewing the docket, plaintiff claims his efforts to submit a completed application to proceed in forma pauperis in this action have been thwarted by Sacramento County Jail staff. Plaintiff currently has 39 cases pending in this court and 7 before the undersigned. In an effort to expedite these cases, some of which--including this one--are frivolous, the court accepts the application to proceed in forma pauperis filed in 2:18-cv-0725 AC (ECF No. 4) for purposes of this action. 1 1 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 2 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 3 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 4 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 5 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 6 The court is required to screen complaints brought by prisoners seeking relief against a 7 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 8 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 11 In his complaint, plaintiff seeks $10,000,000 in damages from the Superior Court of 12 Sacramento County for a conviction entered there on December 31, 2012 for plaintiff’s failing to 13 register as a sex offender. The Supreme Court has held that judges acting within the course and 14 scope of their judicial duties are absolutely immune from liability for damages under § 1983. 15 Pierson v. Ray, 386 U.S. 547 (1967). This being the case, plaintiff’s complaint must be screened 16 out under 28 U.S.C. § 1915A(a). 17 Normally the court grants leave to amend when screening out complaints under 28 U.S.C. 18 § 1915A(a). Doing so here would be futile, however, as there are no cures for the defects in 19 plaintiff’s claims. 20 In accordance with the above, IT IS HEREBY ORDERED that: 21 1. Plaintiff’s request for leave to proceed in forma pauperis is granted. 22 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees 23 shall be collected and paid in accordance with this court’s order to the Sacramento County Sheriff 24 filed concurrently herewith. 25 3. The Clerk of the Court is directed to assign a district court judge to this case. 26 ///// 27 ///// 28 ///// 2 1 IT IS HEREBY RECOMMENDED that: 2 1. Plaintiff’s amended complaint be dismissed; 3 2. This case be closed; and 4 3. This case be identified as a “strike” for purposes of 28 U.S.C. § 1915(g). 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections. 8 Such a document should be captioned “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 11 Cir. 1991). 12 Dated: June 27, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 1 hume0726.frs 19 20 21 22 23 24 25 26 27 28 3