Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Reyes v. Bureau of Indian Affairs

United States District Court, S.D. California

June 20, 2017

EMILIO REYES, Plaintiff,
v.
BUREAU OF INDIAN AFFAIRS, SOUTHERN CALIFORNIA AGENCY, Defendant.

          ORDER (1) GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND (2) DIRECTING SERVICE (ECF NO. 2)

          Hon. Janis L. Sammartino United States District Judge.

         Presently before the Court are Plaintiff Emilio Reyes's Complaint for a Vaughn Index, (ECF No. 1), and Motion to Proceed In Forma Pauperis (“IFP Mot.”), (ECF No. 2). The Court first addresses Plaintiff's IFP Motion and then evaluates Plaintiff's Complaint.

         IFP MOTION

         All parties instituting any civil action, suit, or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff's failure to prepay the entire fee only if he is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). A federal court may authorize the commencement of an action without the prepayment of fees if the party submits an affidavit, including a statement of assets, showing that she is unable to pay the required filing fee. 28 U.S.C. § 1915(a).

         In the present case, Plaintiff has submitted an affidavit indicating that his sole source of income comes from his employment at Premier Dealer Services and totals $2, 500.00 per month. (IFP Mot. 2.) However, Plaintiff has two nieces who allegedly rely on him for support, (id. at 3), and Plaintiff's expenses total approximately $2, 380.00 per month, (id. at 3-5). Given the foregoing, the Court finds that Plaintiff's application demonstrates he is unable to pay the requisite fees and costs. See Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (explaining that a plaintiff need not “be absolutely destitute to enjoy the benefit of the statute”). Accordingly, the Court GRANTS Plaintiff's IFP Motion.

         SCREENING PURSUANT TO 28 U.S.C. §§ 1915(e)(2) & 1915A(b)

         The Court must screen every civil action brought pursuant to 28 U.S.C. § 1915(a) and dismiss any case it finds “frivolous or malicious, ” “fails to state a claim on which relief may be granted, ” or “seeks monetary relief against a defendant who is immune from relief.” 28 U.S.C. § 1915(e)(2)(B); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”); Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (noting that 28 U.S.C. § 1915(e) “not only permits but requires a district court to dismiss an in forma pauperis complaint that fails to state a claim”).

         As amended by the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(e)(2) mandates that the court reviewing an action filed pursuant to the IFP provisions of § 1915 make and rule on its own motion to dismiss before directing the Marshal to effect service pursuant to Federal Rule of Civil Procedure 4(c)(3). See Fed. R. Civ. P. 4(c)(3); Navarette v. Pioneer Med. Ctr., No. 12-cv-0629-WQH (DHB), 2013 WL 139925, at *1 (S.D. Cal. Jan. 9, 2013).

         All complaints 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, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 554, 555 (2007)). “[D]etermining whether a complaint states a plausible claim is context-specific, requiring the reviewing court to draw on its experience and common sense.” Iqbal, 556 U.S. at 663-64 (citing Twombly, 550 U.S. at 556).

         “When there are well-pleaded factual allegations, a court should assume their veracity, and then determine whether they plausibly give rise to an entitlement of relief.” Iqbal, 556 U.S. at 679. “[W]hen determining whether a complaint states a claim, a court must accept as true all allegations of material fact and must construe those facts in the light most favorable to the plaintiff.” Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); see also Andrews v. King, 393 F.3d 1113, 1121 (9th Cir. 2005); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (“The language of § 1915(e)(2)(B)(ii) parallels the language of Federal Rule of Civil Procedure 12(b)(6).”).

         “While factual allegations are accepted as true, legal conclusions are not.” Hoagland v. Astrue, No. 1:12-cv-00973-SMS, 2012 WL 2521753, at *3 (E.D. Cal. June 28, 2012) (citing Iqbal, 556 U.S. at 678). Courts cannot accept legal conclusions set forth in a complaint if the plaintiff has not supported her contentions with facts. Id. (citing Iqbal, 556 U.S. at 679).

         In the present case, Plaintiff requested certain documents under the Freedom of Information Act (“FOIA”), nine of which “have been partially redacted.” (Compl. 3.) Plaintiff now seeks a Vaughn[1] index in order to “permit[] the plaintiff to test the bases for the government's exemption claims.” (Id.) Plaintiff further specifies that “[t]he precise documents to which plaintiff seeks access are contained in an online request dated September 7, 2016 to the Indian Affairs FOIA Office.” (Id. at 2.) This provides Defendant with sufficient information regarding Plaintiff's claim, and is therefore sufficient to survive the Court's sua sponte screening.

         CONCLUSION

         Given the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.