United States District Court, E.D. California
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.
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.)
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.)
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).
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.)
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.  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
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.
(ECF No. 11.)
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.)
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.
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. § ...