Summary
The document contains Findings and Recommendations from the U.S. District Court for the Eastern District of California recommending dismissal of Nathanael Smith’s Second Amended Complaint against Newsome and other defendants. The court concludes that the complaint violates Federal Rule of Civil Procedure 8, fails to state cognizable constitutional or statutory claims, and seeks impermissible federal review of state-court custody, visitation, child-support, and restraining-order decisions. The court also concludes that further amendment would be futile and recommends dismissal with prejudice without further leave to amend.
Holdings
- The Second Amended Complaint failed to comply with Federal Rule of Civil Procedure 8 and failed to state a plausible claim because it relied on broad, conclusory allegations and legal argument without sufficient factual allegations connecting specific defendants to actionable misconduct.
- The district court lacked subject-matter jurisdiction to review, reverse, or modify the state-court custody, visitation, child-support, and restraining-order judgments challenged by Plaintiff.
- Plaintiff failed to state cognizable claims under the asserted constitutional amendments or cited federal statutes.
- The defendant judges and court personnel were immune from Plaintiff's claims based on acts performed in their judicial roles within the jurisdiction of their courts.
- Further leave to amend should be denied because amendment would be futile.
Questions Presented
- Whether the Second Amended Complaint complied with Federal Rule of Civil Procedure 8 and stated a plausible claim for relief.
- Whether the district court had subject-matter jurisdiction to review or alter state-court custody, visitation, child-support, and restraining-order judgments under the Rooker-Feldman doctrine.
- Whether Plaintiff stated cognizable claims under the First, Second, Fifth, Sixth, Seventh, Eighth, or Fourteenth Amendments and the cited federal statutes.
- Whether judicial and court-personnel immunity barred claims against the state-court judges and personnel.
- Whether further leave to amend should be denied as futile.
Disposition
other
Cases Cited (32)
- Hartmann v. CDCR, 707 F.3d 1114, 1130 (9th Cir. 2013)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(followed)
- Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)(followed)
- Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009)(followed)
- Lam v. California Department of Corrections & Rehabilitation, No. 1:23-CV-01167-BAM-PC, 2023 WL 8701254, at *2 (E.D. Cal. Dec. 15, 2023)(followed)
- Ankenbrandt v. Richards, 504 U.S. 689, 702-704 (1992)(followed)
- Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280, 284 (2005)(followed)
- Lance v. Dennis, 546 U.S. 459, 463 (2006)(followed)
- Worldwide Church of God v. McNair, 805 F.2d 888, 890 (9th Cir. 1986)(followed)
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