Sandford v. Terranova DDP

United States District Court for the Eastern District of California · June 3, 2025 · No. 2:25-cv-00808-DC-CSK PS

Summary

The United States District Court for the Eastern District of California recommends denying James Sandford’s application to proceed in forma pauperis and dismissing his complaint without leave to amend. The court concludes that the complaint fails to establish subject-matter jurisdiction, does not comply with Federal Rule of Civil Procedure 8, and asserts claims against judges protected by judicial immunity. The court also denies as moot the plaintiff’s request for documents and recommends closing the case.

Holdings

  1. The complaint failed to establish federal subject matter jurisdiction because it did not plead a federal-law claim and did not adequately allege diversity of citizenship.
  2. The complaint failed to comply with Rule 8 because its conclusory list of claims did not provide fair notice of the claims, the defendants' alleged acts, or the grounds on which the claims rested.
  3. A court may deny leave to proceed in forma pauperis at the outset and dismiss an action when the face of the proposed complaint shows that the action is frivolous, lacks merit, fails to state a claim, or is otherwise subject to dismissal under § 1915(e)(2)(B).
  4. The judicial defendants had absolute immunity from claims based on acts performed in their judicial capacities.
  5. Leave to amend should be denied because amendment would be futile.

Questions Presented

  1. Whether the complaint established federal subject matter jurisdiction.
  2. Whether the complaint satisfied Federal Rule of Civil Procedure 8 by providing a short and plain statement with sufficient factual detail.
  3. Whether the claims against the judges were barred by absolute judicial immunity.
  4. Whether the deficiencies in the complaint could be cured by amendment.
  5. Whether plaintiff's discovery request was properly directed to the court before discovery could commence.

Disposition

other

Cases Cited (26)

  • Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015)(followed)
  • Minetti v. Port of Seattle, 152 F.3d 1113, 1115 (9th Cir. 1998)(followed)
  • Tripati v. First National Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987)(followed)
  • McGee v. Department of Child Support Services, 584 F. App'x 638 (9th Cir. 2014)(followed)
  • Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965)(followed)
  • Lopez v. Smith, 203 F.3d 1122, 1126-27, 1130-31 (9th Cir. 2000) (en banc)(followed)
  • Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)(followed)
  • Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 960 (9th Cir. 2010), cert. denied, 564 U.S. 1037 (2011)(followed)
  • Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 2010)(followed)
  • Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981)(followed)

Showing top 10 of 26.

Cited In (0)

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