The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
FINDINGS AND RECOMMENDATION REGARDING DISMISSAL OF ACTION
Plaintiff, appearing pro se and proceeding in forma pauperis, filed the instant action on September 22, 2009. She named the State of California as a defendant. On September 29, 2009, the Court issued findings and recommendations that the action be dismissed without leave to amend based on Eleventh Amendment immunity grounds.
On October 26, 2009, Plaintiff submitted objections to the findings and recommendations. By her objections, Plaintiff attempted to name additional defendants and to add additional claims. The Court construed the objections as a request to amend the complaint and vacated the September 29, 2009, Findings and Recommendation. The Court also granted Plaintiff leave to amend her complaint, but cautioned Plaintiff that she should assert only claims that she believed were cognizable. The Court noted that Plaintiff had already attempted to bring two previous actions based on allegations regarding an accounting of her inheritance and her father's estate. Those prior actions were dismissed without leave to amend. Accordingly, the Court advised Plaintiff that if she continued to allege such claims, the Court would recommend that this action be dismissed for Plaintiff's failure to follow the Court's orders.
On December 8, 2009, Plaintiff filed an amended complaint. The amended complaint seeks a check plus interest and an accounting of her inheritance and her father's estate. Amended Complaint, p.1. Plaintiff names the "Federal Government," President Obama, the State of California, Governor Schwarzenegger, Controller John Chiang, Attorney General Edmund G. Brown and the Internal Revenue Service. Plaintiff attaches correspondence from The White House dated May 17, 2004, and correspondence from the State of California, Office of the Governor, dated August 2, 2005.
Pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of the complaint for sufficiency to state a claim. The court must dismiss a complaint or portion thereof if the court determines that the action is legally "frivolous or malicious," fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies of the complaint can be cured by amendment.
A complaint, or portion thereof, should only be dismissed for failure to state a claim upon which relief may be granted if it appears beyond doubt that plaintiff can prove no set of facts in support of the claim or claims that would entitle her to relief. See Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); see also Palmer v. Roosevelt Lake Log Owners Ass'n, 651 F.2d 1289, 1294 (9th Cir. 1981). In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
B. Plaintiff's Allegations
Plaintiff has filed two previous actions in this Court related to state court probate proceedings. In the first action, Williams v. Madera Municipal Court, et al., 1:04cv5414 OWW LJO, Plaintiff attempted to challenge a state probate court action. In part, the Court dismissed her claims because federal courts generally have no probate jurisdiction.
In the second action, Williams, et al. v. Moffat, et al., 1:07cv953 OWW BAK, Plaintiff filed a civil complaint related to alleged wrongful actions committed by the state court judge and others in connection with the probate of her father's estate. After giving her a chance to amend, the Court recommended that her amended complaint be dismissed with prejudice based on (1) lack of federal jurisdiction over state probate matters; (2) judicial immunity; and (3) lack of supplemental jurisdiction over state law claims.
Likely attempting to avoid the same fate, Plaintiff has filed the instant action seeking an accounting of her father's estate against new defendants. For the reasons explained below, the Court recommends dismissal with prejudice.
Plaintiff's amended complaint continues to seek "an accounting of her inheritance and also her fathers [sic] estate to be accounted." Amended Complaint, p. 1. Although Plaintiff has named new Defendants, the allegations appear to be a recitation of her efforts to obtain an accounting. For instance, Plaintiff reports that she filed claims "at every entity within the State of California and including President Bush." Amended Complaint, p. 1. She also filed an unspecified complaint with the Internal Revenue Service, submitted a copy of the instant amended complaint to United States Senator Dianne Feinstein, and reportedly sent a copy to President Obama. Complaint, ...