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Kane Campbell v. the White House

December 16, 2011

KANE CAMPBELL,
PLAINTIFF,
v.
THE WHITE HOUSE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATION THAT PLAINTIFF'S COMPLAINT BE DISMISSED AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM; CLERK TO CLOSE THE CASE; DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) (ECF NO. 1) OBJECTIONS DUE WITHIN 30 DAYS

I. PROCEDURAL HISTORY

On December 13, 2010, Plaintiff Kane Campbell, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff was granted in forma pauperis status on December 27, 2010. Plaintiff's Complaint is now before the Court for screening.

II. SCREENING REQUIREMENT

The in forma pauperis statute provides that "the court shall dismiss the case at any time if the court determines that ... the action or appeal is frivolous [or] ... fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii). A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief ...." Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009).

While factual allegations are accepted as true, legal conclusion are not. Iqbal, 129 S.Ct. at 1949. Plaintiff must demonstrate that each named Defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002); Iqbal, 129 S.Ct at 1948--49.

III. SUMMARY OF COMPLAINT

Plaintiff is currently housed at Corcoran State Prison. (Compl., p.1, ECF No. 1.) Plaintiff names as Defendants The White House, Barack Obama, Michelle Obama, George Walker Bush, Dick Chaney and Lawrence Turner. (Id., at 1-2.)

Plaintiff alleges that:

Defendant Turner caused Plaintiff to be falsely convicted of sex crimes. (Id. at 3.) Defendant Turner caused these "fake crimes" to show in Plaintiff's criminal record. (Id.) Defendant Turner's intent in doing so is to have Plaintiff killed. (Id.) Defendants Bush, Chaney and the Obamas have "endorsed" these false crimes, casting Plaintiff as a sex offender informant before world leaders. (Id.)

Plaintiff seeks the following relief:

President Obama to clear Plaintiff's criminal record of the false crimes. (Id.)

Arrest warrants to issue against third parties for murder, conspiracy, obstruction of justice and ...


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