Rogers v. Valdez

Summary

The Eastern District of California recommends denying Nicole Jean Rogers’s application to proceed in forma pauperis and dismissing her complaint against Moses Valdez without leave to amend. The court concludes that the complaint fails to establish federal-question or diversity jurisdiction and does not comply with Federal Rule of Civil Procedure 8. The recommendation also directs that the case be closed.

Holdings

1. The complaint did not establish federal-question jurisdiction because the asserted rape and economic-abuse claims were not based on federal law, entrapment is a defense rather than an independent claim, and the federal embezzlement statute does not provide a private right of action.
2. The complaint did not establish diversity jurisdiction because it failed to allege complete diversity of citizenship, and the allegations indicated that both parties appeared to be California citizens.
3. The complaint failed to provide a short and plain statement of a claim because it did not clearly identify the claims being asserted or allege sufficient facts showing the elements of those claims.
4. Dismissal without leave to amend was recommended because the complaint was not cogent or non-frivolous, lacked subject matter jurisdiction, and its deficiencies appeared incapable of being cured by amendment.
5. The IFP application should be denied because, although Plaintiff made the required financial showing, the proposed action was facially frivolous, without merit, failed to state a claim, and lacked subject matter jurisdiction.

Questions Presented

1. Whether Plaintiff established federal-question or diversity subject matter jurisdiction.
2. Whether the complaint stated a short and plain claim for relief as required by Federal Rule of Civil Procedure 8.
3. Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).
4. Whether leave to amend should be denied as futile.
5. Whether Plaintiff's application to proceed in forma pauperis should be denied because the action was facially frivolous or without merit.

Disposition

other