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Kenneth Alan Sierra v. Moon

February 7, 2012

KENNETH ALAN SIERRA,
PLAINTIFF,
v.
MOON, 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; DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) (ECF NO. 1)

I. PROCEDURAL HISTORY

OBJECTIONS DUE WITHIN 30 DAYS

On July 22, 2011, Plaintiff Kenneth Sierra, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. Section 1983.

On August 24, 2011, Plaintiff declined magistrate judge jurisdiction. (ECF No. 8.) 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.) The allegations in Plaintiff's Complaint are nearly incomprehensible. He appears to seek injunctive relief and monetary damages on claims arising out of the following unrelated facts:

Plans to move him from an acute care hospital housing unit to housing with a lower level of care, (Compl. at 3-4), based upon Defendants' malfeasance and medical malpractice regarding MRI scanning and lack of pain imagery, (Id.), and in failing to diagnose his alleged paraplegia as other than a faked disability; (Id. at 35)

Plaintiff claims he suffers paraplegia from injuries sustained in the 1980's when metal restraints were left attached during an MRI scan, (Id. at 3-4), and/or as provided in confidential 1960's military records regarding a sharp object penetrating his back and striking his spine, leaving him with a painful nerve disorder unnoticed by Defendants who wrongly accuse him of having an acute mental disorder; (Id. at 3-4, 12)

A conspiracy targeting "Nike" brand, and his claim to legal ownership of Nike businesses worldwide, by Defendants and others who were or are his Nike employees, acting in concert with ex-military personnel, ex-police personnel, and the CIA, to conceal and swindle away his ownership and control of Nike, over the past 25 years, involving character assassination and psychic evaluation, (Id. at 5-6), and the marketing of Nike merchandise without his permission; (Id. at 34)

Prison appeal sabotage, interference, and mail delivery irregularities, apparently relating to the Nike issues, including Defendants use of Klu, Klux, Klan tactics, (Id. at 6), and/or relating to his status as the number one song writer in America, (Id. at 12), and/or to his ownership of the Florida Marlins baseball team, (Id. at 13), ...


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