United States District Court, E.D. California
SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE AN
AMENDED COMPLAINT (DOC. NO. 1) THIRTY-DAY DEADLINE
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Joseph Michael Miller(“Plaintiff”), a state
prisoner proceeding pro se and in forma pauperis, initiated
this civil action on June 10, 2019. Plaintiff's complaint
is currently before the Court for screening. (Doc. No. 1.)
Screening Requirement and Standard
Court screens complaints brought by persons proceeding in pro
se and in forma pauperis. 28 U.S.C. § 1915(e)(2).
Plaintiff's complaint, or any portion thereof, is subject
to dismissal if it is frivolous or malicious, if it fails to
state a claim upon which relief may be granted, or if it
seeks monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B)(ii).
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, 678 (2009) (citing Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
While a plaintiff's allegations are taken as true, courts
“are not required to indulge unwarranted
inferences.” Doe I v. Wal-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks
and citation omitted).
survive screening, Plaintiff's claims must be facially
plausible, which requires sufficient factual detail to allow
the Court to reasonably infer that each named defendant is
liable for the misconduct alleged. Iqbal, 556 U.S.
at 678 (quotation marks omitted); Moss v. U.S. Secret
Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer
possibility that a defendant acted unlawfully is not
sufficient, and mere consistency with liability falls short
of satisfying the plausibility standard. Iqbal, 556
U.S. at 678 (quotation marks omitted); Moss, 572
F.3d at 969.
is currently housed at North Kern State Prison. The
allegations in the complaint are alleged to have occurred in
Madera County, California. As defendants, Plaintiff names the
following individuals: (1) Rebecca Bounds, Human Resources
Staff; and (2) Michael Splivalo, attorney at law.
alleges as follows:
Plaintiff suffered slander and defamation of character, and
procuring false writings to acts, of subordination, of
perjury to obtain money in a court, of law. [¶]
Plaintiff further suffered damage to his names, and
reputation that is not measurable as it is possible that such
documentation is or has become public record. [¶]
Plaintiff suffered a serious beating assault on 11-21-2017.
Because of the reports filed with falsity to violate my Due
process rights in the Court, of Law, of Divorce Court.
Plaintiff was subjected to mental anguish and loss of love,
and the manifest nessity [sic] should be applied in the U.S.
Courts orders where Plaintiff's material evidence that
was filed in a court of law warrants reopening of the claim
where respondents acting under the laws had directed the
deprivation of rights and had Actual Knowledge of the damage
with evil intent the Attorney specifically said
Miller has several convictions for sexual battery
and indecent exposure on my jacket in No. MFL003968. The
attorney and client acting under the color of law placed
Plaintiff's life danger in need of relief, and discovery.
(Doc. No. 1 at 3.) Plaintiff further alleges that the slander
and defamation of character damaged his reputation and
labeled him as a sex offender. Plaintiff asserts that he was
beaten by a prion inmate who obtained the documents filed in
the court. (Id. at 3.)
seeks injunctive relief and monetary damages.
complaint fails to comply with Federal Rule of Civil
Procedure 8, fails to establish this Court's
jurisdiction, and fails to state a cognizable federal claim.
As Plaintiff is proceeding pro se, he will be granted leave
to amend his complaint to cure the identified deficiencies to
the extent he can do so ...