Herrera et al v. Six Unknown Names Agents et al, No. 1:2010cv00701 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER and OPINION DISMISSING CASE AS FRIVOLOUS pursuant to 28 USC 1915A. Plaintiffs are granted leave to file this action In Forma Pauperis for purposes of dismissal only. The Clerk of Court is Directed to changed the Cause of Action from 42:1983 to 28:1331. Signed by Judge Marvin H. Shoob on 03/30/2010. (rvb)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SERGIO HERRERA and YOUNG YIL 10, Plaintiffs, v. PRISONER CIVIL RIGHTS 28 U.S.c. § 1331 CIVIL ACTION NO. 1: 1O-CV-070I-MHS SIX UNKNOWN NAMED AGENTS and PRESIDENT BARACK OBAMA, Defendants. ORDER AND OPINION In this 28 U.S.C. § 1331 pro se civil rights complaint, Plaintiffs, currently confined at Airpark Unit Correctional Center in Big Spring, Texas, have submitted a single page of mostly unrelated and incoherent phrases. (Doc. 1 at 1.) The complaint does list the following two requests for relief: (1) "review by the writ ofcertiorari" all ofthe "final judgments" by Supreme Court Justice Samuel Alito, Jr.; and (2) money damages. (Jd.) The complaint also contains a 38-page list of other federal prisoners and/or detainees who these Plaintiffs seek to name as additional plaintiffs. (ld. at 2-39.) Plaintiffs ask that these prisoners be given separate hearings, and that these hearings be televised. (ld. at 2-4.) The Supreme Court has previously held that the violation of a person's constitutional rights by a federal official may give rise to an action for damages in federal court, pursuant to 28 U.S.c. § 1331. Bivens v. Six Unknown Named Agents 0/ Federal Bureau a/Narcotics, 403 U.S. 388, 395-96 (1971). Because the causes of action brought pursuant to Bivens and 42 U.S.C. § 1983 are similar, courts "general apply § 1983 law to Bivens cases." Wilson v. Blakenship, 163 F.3d 1284,1288 (11th Cir. 1998) (internal quotation omitted). To succeed on a claim brought under Bivens or 42 U.S.c. § 1983, "a plaintiff must show that the violative conduct 'was committed by a person acting under [] color of [J law' and that the 'conduct deprived a person ofrights, privileges, or immunities secured by the Constitution or laws of the United States.'" Loren v. Sasser, 309 F.3d 1296, 1303 (11th Cif. 2002)(quoting Parratt v. Taylor, 451 U.S. 527,535 (1981». Plaintiffs have not alleged that President Obama, Justice Alito, or the Six Unknown Named Agents have violated their rights under federal law. Furthermore, a federal district court does not have the authority to either order a review ofJustice Alito' s decisions or to order other federal courts to televise their hearings. Consequently, this civil rights action should be summarily dismissed. See 28 U.S.C. § 1915A(a)-(b) (requiring a district court to review "as soon as 2 practicable" a prisoner complaint and to "dismiss the complaint" if the prisoner "fails to state a claim upon which relief may be granted"). IT IS ORDERED that this pro se civil rights complaint [Doc. I] is DISMISSED,pursuantto 28 U.S.C. § 1915A. For the purpose ofdismissal only, Plaintiffs are GRANTED leave to file this action informa pauperis. The Clerk of this Court is DIRECTED to fe-file this action as being brought pursuant to 28 U.S.C. § 1331. IT IS SO ORDERED, this }6 day Of-+n-t-\-\\L-_ _' 2010. MAR~ UNITED STATES DISTRICT JUDGE 3