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Lee Wilson v. Sandra Lee Wever

June 22, 2011

LEE WILSON, PLAINTIFF,
v.
SANDRA LEE WEVER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's amended complaint (Doc. 47).

The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover, the Federal Rules of Civil Procedure require that complaints contain a ". . . short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). This means that claims must be stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the complaint gives the defendant fair notice of the plaintiff's claim and the grounds upon which it rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must allege with at least some degree of particularity overt acts by specific defendants which support the claims, vague and conclusory allegations fail to satisfy this standard.

I. PLAINTIFF'S ALLEGATIONS

In the original complaint, plaintiff named the following as defendants: Sandra Lee Wever, Mary Daved, James Bueler, Shawn Webber, Maria Webber, and Dave Wever. Plaintiff appears to now name the following as defendants: Sandra Lee Wever, William Proffitt, Richard Teixeira, and Mary Daved. Plaintiff alleges:

Sandra Wever conspired with her co-defendants to deprive plaintiff of his civil rights in violation of the U.S. Constitution of the United States of America, Civil Rights Act, 42 U.S.C. § 1983.

Ms. Wever as a member of a white suppremicist [sic] group perpetrated "hate crimes" against the plaintiff. Ms. Wever did this in apparent response to finding out the plaintiff has or may have Jewish ancestry (a female named "Heller") and African-American ancestor.

Ms. Wever made false accusations to the police to get him out of the way so she and her co-defendants could steal his possessions. Just like what happened in the 1930's in Nazi Germany. Ms. Wever's maiden name is "Schwartz." She fancies herself a Nazi.

Plaintiff has dozens of witnesses to support his claim including an F.B.I. Special Agent Larry Ott (retired) who now works for Butte County Public Defender's Office as a private investigator. He can attest to the following:

1) That Sandra Wever confessed to William Proffitt (a police investigator) that she stole my vehicle and forged the title and nothing was done.

2) That Sandra Wever was seen by two witnesses burglarizing my property. The witnesses informed William Proffitt and nothing was done.

3) Sandra Wever forged checks on plaintiff's bank account. William Proffitt was informed and did nothing.

Mr. Proffitt is rumored to be having a relationship with Ms. Wever and is aiding a& abetting her in your criminal conspiracy, using his position as the investigator in my case to protect Ms. Wever from criminal prosecution and to assist in furthering my prosecution.

It appears that Wever is alleged to be a private individual. The amended complaint asserts no specific allegations against Richard Teixeira or Mary Daved (who ...


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