(PS) Jackal of Trades LLC v. Bethal Church et al, No. 2:2023cv00142 - Document 10 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Daniel J. Calabretta on 05/30/23 ADOPTING 8 Findings and Recommendations in part and DISMISING, with prejudice, Plaintiff's claims in the 1 complaint. If Plaintiff wishes to bring the claims in the 1 complai nt as an Jackal of Trades, LLC, Plaintiff's claims are DISMISSED with leave to amend. Should Plaintiff intend to proceed as Jackal of Trades, LLC, within 30 days from the date of service of this order Plaintiff shall file an amended complaint and DIRECTING Plaintiff must pay the filing fee for this action and have counsel appear in this action on their behalf, Before or at the time of filing an amended complaint.(Licea Chavez, V)

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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 JACKAL OF TRADES, LLC, et al., 12 13 14 15 Plaintiffs, No. 2:23-cv-00142-DJC-KJN PS ORDER v. BETHEL CHURCH, et al., Defendants. 16 17 On March 15, 2023, the Magistrate Judge filed Findings and Recommendations 18 (ECF No. 8), which were served on the parties and which contained notice that any 19 objections to the Findings and Recommendations were to be filed within fourteen (14) 20 days. No objections were filed. 21 Accordingly, the Court presumes that any findings of fact are correct. See 22 Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s 23 conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 24 708 F.2d 452, 454 (9th Cir. 1983). 25 The Magistrate Judge found the complaint should be dismissed as the 26 complaint sought to bring constitutional violation claims against non-state actors, 27 improperly alleged violations of state law as a private citizen, and failed to meet the 28 “plausibility test.” (ECF No. 8 at 5.) The Findings and Recommendations construe the 1 1 complaint to name Krystal Marshall as the Plaintiff in this case. (ECF No. 8 at 4.) Based 2 on this reading of the complaint, the Magistrate Judge determined also that Plaintiff 3 did not have standing to bring the stated claims as they were brought on behalf of 4 another individual, Lily. (Id. at 5.) The Findings and Recommendations recommend 5 that this action be dismissed without leave to amend as amending the complaint 6 would be futile. The undersigned will adopt the Findings and Recommendation 7 insofar as they dismiss the complaint for failure to state a claim on which relief can be 8 granted. To the extent that Plaintiff is bringing the claims in this action as Krystal 9 Marshall, the undersigned will adopt the recommendation to dismiss without leave to 10 11 amend. However, Plaintiff originally appears to have brought this action as “Jackal of 12 Trades, LLC” not as Krystal Marshall. (See ECF No. 1 at 1.) The third party, Lily, is 13 allegedly an employee of Jackal of Trades, LLC. (Id. at 6, 9.) The Findings and 14 Recommendations do not address standing if Plaintiff is an LLC (see ECF No. 8.) and it 15 is not immediately apparent if Plaintiff would have standing to proceed as an LLC on 16 behalf of its employee. However, the Court need not reach these issues presently as 17 Plaintiff is seeking to proceed pro se and in forma pauperis. A corporation may not 18 proceed pro se. Local Rule 183(a); see Rowland v. California Men's Colony, Unit II 19 Men's Advisory Council, 506 U.S. 194, 201–02 (1993) (“It has been the law for the 20 better part of two centuries . . . that a corporation may appear in the federal courts 21 only through licensed counsel . . . . [T]hat rule applies equally to all artificial entities.”); 22 United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) 23 (accord). A corporation also may not proceed in forma pauperis. See 28 U.S.C. § 24 1915(a); see also Walker v. SSA, No. 22-cv-00860, 2022 WL 4230459, at *1 (S.D. Cal. 25 Aug. 22, 2022). 26 Accordingly, if Plaintiff intends to proceed as Jackal of Trades, LLC, Plaintiff will 27 be given leave to file an amended complaint to address the issues described in the 28 Findings and Recommendations. However, Plaintiff must also pay the filing fee for this 2 1 action and be represented by counsel in order to proceed with this action. Plaintiff is 2 warned that failure to pay the filing fee and/or have counsel appear on their behalf by 3 the time an amended complaint is filed will result in this action being dismissed. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations (ECF No. 8) are ADOPTED IN PART; 6 2. To the extent Plaintiff seeks to bring this action as an individual, Plaintiff’s claims 7 8 in the complaint (ECF No. 1) are DISMISSED with prejudice; 3. If Plaintiff wishes to bring the claims in the complaint (ECF No. 1) as an Jackal of 9 10 Trades, LLC, Plaintiff’s claims are DISMISSED with leave to amend; 4. Should Plaintiff intend to proceed as Jackal of Trades, LLC, within thirty days 11 from the date of service of this order Plaintiff shall file an amended complaint 12 that complies with the requirements of the Civil Rights Act, the Federal Rules of 13 Civil Procedure, and the Local Rules of Practice; the amended complaint must 14 bear the docket number assigned this case and must be labeled “First 15 Amended Complaint;” 16 5. Before or at the time of filing an amended complaint, Plaintiff must pay the 17 filing fee for this action and have counsel appear in this action on their behalf; 18 and 19 6. Failure to comply with this order will result in this action being dismissed. 20 21 IT IS SO ORDERED. 22 23 Dated: May 30, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 24 25 26 27 DJC1 – jackaloftrades23cv00142.jo_lta 28 3

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