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Heuvel v. Placerville Self Storage

United States District Court, E.D. California

January 15, 2020

JEAN MARC VAN DEN HEUVEL, Plaintiff,
v.
PLACERVILLE SELF STORAGE, et al., Defendants.

          ORDER

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

         On November 14, 2019, the undersigned issued an order to show cause why this action should not be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) based on plaintiff's failure to comply with the court's previous order and failure to prosecute this case. (ECF No. 8.) Plaintiff was given 14 days from the date of the order to file a first amended complaint in compliance with the court's October 3, 2019 order. (Id.; see also ECF No. 6.)

         On December 2, 2019, plaintiff's first amended complaint was filed. (ECF No. 9.) On December 10, 2019, the court issued an order dismissing the first amended complaint and granting plaintiff leave to amend. (ECF No. 11.) On December 23, 2019, plaintiff filed a first amended complaint. (ECF No. 12.) On December 30, 2019, plaintiff filed another complaint, which the court will address as plaintiff's second amended complaint. (ECF No. 13.)

         Plaintiff's second amended complaint is very similar to his original complaint and names the same defendants: Placerville Self Storage (located in Placerville, California), Steven Rawson (located in Ammon, Idaho), Robert C. Bowman (located in Sacramento, California), Kassie Cardullo (located in Placerville, California), Vern Pierce (location unknown), Judge Kenneth J. Melikian (Superior Court of the County of El Dorado), and Judge Warren C. Strancener (Superior Court of the County of El Dorado).

         As the basis for jurisdiction, plaintiff again claims he is suing under 42 U.S.C. § 1983 and under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (ECF No. 13 at 3.)

         The first five pages of the second amended complaint are identical to the prior complaint the court previously dismissed. The court will therefore repeat its summary from its prior order:

Although difficult to understand, it appears plaintiff complains about property he owned that was wrongfully placed in Placerville Self Storage by Steven Rawson, a landlord. (ECF No. [13] at 4.) Plaintiff claims “massive injuries” and cites what appears to be another litigation matter, Heckart v. Self Storage, Inc., as well as California state causes of action for violations of the California Consumers Legal Remedies Act (Cal. Civ. Code § 1750), negligent misrepresentations, and civil conspiracies. (Id.) According to the complaint, an unnamed party, Rich Tyler, unlawfully gained access to plaintiff's property located in the storage unit. (Id. (citing a number of California Insurance Code sections).)
In support of his Bivens claim(s), plaintiff alleges as follows. “The officials District Attorneys are accountable by the government civil rights violations” and a judge should be held accountable for “conclusive decisions to move forward, and intently [prosecute], and falsely hold accountable inmate #132049 John Mark Van den Heuvel, A.K.A. artisan Jean Marc Van den Heuvel to face the harsh ‘FELONY' charges that would never be removed off the police records, as of today, November 25, 2019 the felony still in records.” (Id. at 5.) . . .
Plaintiff also complains about an unlawful detainer matter involving unnamed party Rodger Musso, an individual who apparently owned plaintiff's prior residence. (Id. at 5.)
Regarding Judge Kenneth J. Melikian, plaintiff alleges that he and other judges have exercised “abusive powers, onto the unsuspecting handicapped persons placed before them in their mutual El Dorado County Courts.” (Id. at 5.)

(ECF No. 11.)

         Next, plaintiff appears to allege he had a stroke that led to paralysis and Placerville Self Storage eventually seized plaintiff's property. (ECF No. 13 at 7.) The remaining allegations, while difficult to follow, appear to focus on plaintiff's injuries and the property he allegedly lost. (Id. at 7-9.)

         As with before, plaintiff appears to be complaining about three separate incidents: (1) the taking of his personal property from a storage unit; (2) a criminal matter from May 2017; and (3) an unlawful detainer action.

         The allegations in the first amended complaint are again insufficient to identify any conceivable federal claim. Plaintiff's conclusory references to Bivens, the Americans with Disabilities Act, and 42 U.S.C. ยง ...


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