Caetano v. Fidelity Advisor Leveraged Company, et al.

Summary

The document contains findings and recommendations by a magistrate judge of the U.S. District Court for the Eastern District of California in a prisoner civil-rights action brought by Nathaniel Dwayne Caetano against Fidelity-related defendants. It recommends granting defendants’ motion to dismiss, dismissing the case with prejudice, and entering a pre-filing order based on the frivolous and sovereign-citizen-related allegations and the plaintiff’s litigation history. The document also directs assignment of a district judge and provides 30 days for objections.

Holdings

1. The complaint failed to state a cognizable claim because it was incoherent, unsupported by plausible facts, and did not allege a legitimate legal basis for Plaintiff's claimed ownership of Defendants' securities.
2. The complaint was frivolous because it contained inarguable legal conclusions and fanciful, irrational, and wholly incredible factual allegations, including sovereign-citizen and redemptionist theories.
3. Leave to amend should be denied because amendment would be futile given the frivolous nature of the allegations.
4. A pre-filing order was warranted based on Plaintiff's numerous, repetitive, frivolous, and abusive filings, but the restriction had to be narrowly tailored to the specific misconduct.

Questions Presented

1. Whether Plaintiff's complaint stated a cognizable and plausible claim for relief under Rule 12(b)(6).
2. Whether the complaint was subject to dismissal as frivolous because its factual allegations and legal theories were irrational, fanciful, unintelligible, or based on sovereign-citizen ideology.
3. Whether leave to amend should be denied as futile.
4. Whether Plaintiff should be declared a vexatious litigant and subjected to a narrowly tailored pre-filing restriction.

Disposition

other