Richard Bernard Gray v. Johnathan Martin, et al.

Summary

The United States District Court for the Eastern District of California screens Richard Bernard Gray’s second amended complaint under 28 U.S.C. § 1915(e)(2). The court concludes that the complaint fails to state a cognizable federal claim, including under the Fourth Amendment and 42 U.S.C. § 1983, and that the cited criminal statutes do not provide suitable private causes of action. The court grants final leave to file a third amended complaint within thirty days and limits the filing to twenty-five pages.

Holdings

1. The second amended complaint failed to state a cognizable federal claim and therefore did not establish federal-question subject-matter jurisdiction.
2. Gray failed to state a Fourth Amendment claim because he did not allege that any defendant was a state actor or that any defendant conducted an unlawful search or seizure.
3. The cited criminal statutes and 42 U.S.C. § 18912 did not appear to provide a private right of action and therefore could not serve as bases for Gray's civil claims.
4. The court granted Gray final leave to file a third amended complaint within thirty days to attempt to cure the identified deficiencies.

Questions Presented

1. Whether the second amended complaint stated a cognizable federal claim sufficient to establish federal-question jurisdiction.
2. Whether the allegations stated a Fourth Amendment privacy claim under 42 U.S.C. § 1983.
3. Whether the cited federal criminal and research-security statutes provided a private right of action.
4. Whether Gray should receive leave to amend again to cure the identified pleading deficiencies.

Disposition

other