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Gomez v. Fresno Police Department

United States District Court, E.D. California

June 24, 2016

AMANDA C. GOMEZ, Plaintiff,
v.
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

          SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         On 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.

         II. FACTUAL ALLEGATIONS

         Plaintiff's 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.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff attaches a copy of her state drivers licenses with her maiden and married names; her marriage certificate; a printout from the website "www.experienceproject.com/stories/Am-Being-Gang-Stalked/2414530" 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.

         III. DISCUSSION

         A. Screening Standard

         In 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. ยง 1915(e)(2). If the Court determines that the complaint fails to state a claim, leave to amend may be granted to ...


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