United States District Court, E.D. California
AMANDA C. GOMEZ, Plaintiff,
FRESNO POLICE DEPARTMENT; FRESNO FBI; LOS ANGELES FBI; SACRAMENTO FBI; CBHC; FRESNO COUNTY SUPERIOR COURT; CHILD PROTECTIVE SERVICES Defendants.
FINDINGS AND RECOMMENDATION THAT PLAINTIFF'S
COMPLAINT BE DISMISSED WITH PREJUDICE
K. OBERTO, UNITED STATES MAGISTRATE JUDGE
April 14, 2016, Plaintiff, proceeding pro se, filed a
complaint against the Fresno Police Department, "Fresno
FBI, " "Los Angeles FBI, " "Sacramento
FBI, " "CHBC, " Fresno County Superior Court,
"Child Protective Services, " "Federal
Govierno Mexico, " and "Tijuana MX."
(collectively "Defendants"). (Doc. 1). Plaintiff
also filed a motion to proceed in forma pauperis
("IFP"). (Doc. 3.) On May 20, 2016, the undersigned
dismissed Plaintiff's complaint for failure to state a
cognizable federal claim and granted Plaintiff thirty days
leave to file an amended complaint curing the pleading
deficiencies identified in the order. (Doc. 4.) On June 20,
2016, Plaintiff timely filed an amended complaint, which has
been duly screened pursuant to 28 U.S.C. § 1915(e)(2).
For the reasons set forth below, it is RECOMMENDED that
Plaintiff's complaint be DISMISSED with prejudice and
without leave to amend.
amended complaint consists of 31 handwritten pages. (Doc. 4.)
Plaintiff appears to allege that her ex-husband was
unfaithful to her and that when she overheard his
mistress(es) at their home, Plaintiff's ex-husband denied
she had heard them and told her the voices were
"spirits." Plaintiff was then subjected to
"gangstalking" which affected her marriage, her
family, and her emotional and physical wellbeing. Someone at
some point enslaved and tortured her "on Clark Street,
" someone's "cousins girlfriend"
(sic) "jumped" her and put feces in her
hair, and knocked her out, but Plaintiff wasn't hurt
because she "didn't get boiled eggs." Plaintiff
refers to Section 8 housing and welfare representatives, her
ex-roommate who would leave a gate open, and money spent
monthly on rent, water, sewage, and power, and alleges that
"too many people snooped our life [who] had been spotted
by an evil eye env[i]ed in disbelief." The
"FBI" "confused" Plaintiff in 2014 by
informing her that her ex-husband had left the country.
Either the FBI or Plaintiff's ex-husband were
"unaware [her] physic medium abilities had started
again" after a "spirit" began visiting a home
because he liked the swimming pool.
also alleges that
. . . the ending to my marriage was almost an end to my life
I had been str[i]cken with a firearm A363 left uncons[c]ious
for dead. After Miguel was cheered on during raping me as
Federal Agent Amanda Gomez Santa Clara had sex in joy I had
to be raped and she got to have sex with Phillip whoever he
is. . . . flashes fired off right side up near the temple and
two times near the right eye viewing a marble black and white
firearm lettering A363 in white letters rubber ammunition
straight to the head caused me a slinky brain vision.
alleges that her father "should have never been removed
from dept 96 that day" during what may have been a court
proceeding following the incident where she saw a gun.
also alleges that "BlueJae's mother" somehow
missed several court appearances at unspecified locations and
states that she "hopes to clear it today as my ammends
(sic) should get turned over to the U.S. District
Court everything I've been thru." Plaintiff's
mother and father are either guardians of her children or
seeking guardianship of her children.
states "some guy" approached her on June 5, 2015,
"claiming he was going to go and monitor Priscila
Heavenz BlueJae" and then Plaintiff accused that person
of trying to drive her crazy. Plaintiff also provides
multiple mobile phone numbers, alleging that certain numbers
had been stolen and cloned to prevent her from seeking help
from unidentified individuals, agencies, or other
authorities. Among the various random references are a
"request for sausage at 2:23 pm, " "street
prostitution" and "sex trains floaters human
trafficking, " her ex-husband "tricking" in
Las Vegas, and "destruction" of her life which
"has flooded Central Fresno's brains" with
"glow cloudy shadows who[se] mouth's (sic)
run and non-stop complain" about her. Plaintiff closes
her amended complaint by stating that Social Security has
denied her three times.
attaches a copy of her state drivers licenses with her maiden
and married names; her marriage certificate; a printout from
detailing mind control, social control, "thought
surveillance, " "remote neural surveillance"
"symptoms" of "gangstalking"; psychiatric
treatment records with a handwritten note that "V2K
claiming to be the FBI reported as ordered"; police
reports; and credit card statements.
cases where the plaintiff is proceeding in forma
pauperis, the Court is required to screen each case, and
shall dismiss the case at any time if the Court determines
that the allegation of poverty is untrue, or the action or
appeal is frivolous or malicious, fails to state a claim upon
which relief may be granted, or seeks monetary relief against
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 ...