1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF ALASKA

3 MARVIN L. CHARLES, Sr.,

4 Plaintiff,

5 v. Case No. 3:22-cv-00141-SLG-KFR

6 STATE OF CALIFORNIA, et al.,

7 Defendants.

8

9

10 REPORT AND RECOMMENDATION TO

11 ORDER DISMISSAL FOR LACK OF JURISDICTION

12 On June 3, 2022, Marvin L. Charles, Sr., a self-represented litigant (hereinafter

13 “Plaintiff”), filed a Complaint under the Civil Rights Act,

, along with

14 a civil cover sheet and an Application to Waive the Filing Fee.1 The Court now

15 screens Plaintiff’s Complaint in accordance with

(e)(2)(B).

16 I. Screening Requirement

17 Federal law requires a court to conduct an initial screening of a civil complaint

18 filed by a self-represented litigant seeking to proceed in a lawsuit in federal court

19 without paying the filing fee.2 In this screening, a court shall dismiss the case at any

20 time if the court determines that the action:

21 (i) is frivolous or malicious;

22 (ii) fails to state a claim on which relief may be granted; or

23 (iii) seeks monetary relief against a defendant who is immune from such relief.3

24 To determine whether a complaint states a valid claim for relief, courts 25 consider whether the complaint contains sufficient factual matter that, if accepted 26

27 1 Dkts. 1–3. 2 See, e.g., Lopez v. Smith,

, 1126 n.7 (9th Cir. 2000). 28 3

(e)(2)(B). 1 as true, “state[s] a claim to relief that is plausible on its face.”4 In conducting its

2 review, a court must liberally construe a self-represented plaintiff’s pleading and

3 give the plaintiff the benefit of the doubt.5 Before a court may dismiss any portion

4 of a complaint for failure to state a claim upon which relief may be granted, the court

5 must provide the plaintiff with a stateme nt of the deficiencies in the complaint and 6 an opportunity to amend or otherwise address the problems, unless to do so would 7 be futile.6 Futility exists when “the allegation of other facts consistent with the 8 challenged pleading could not possibly cure the deficiency[.]” 7 9 II. Discussion 10 A. Complaint 11 Plaintiff names the State of California and Los Angeles, California as 12 defendants.8 Plaintiff’s Complaint is hard to decipher due to his interchangeable 13 reference to Marvin Charles, Jr., and Marvin Charles, Sr. Plaintiff, using the first- 14 person pronoun “I” in reference to Marvin Charles, Jr., alleges that he has “been 15 locked up since August 1st, 2019, . . . because of my wrongful arrest, and was taken 16 out of Alaska [illegally], and the warrant was expired[.]”9 However, Plaintiff later 17 refers more clearly to Marvin Charles, Jr., as his son10 and says that “the victim said 18 Marvin Jr. was not the guy that broke into her house” and “Long Beach Calif. lost 19 Marvin L. Charles, Jr. [original] file and the discovery.”11 Plaintiff states that Marvin 20 4 Ashcroft v. Iqbal,

(2009) (citing Bell Atlantic Corp. v. Twombly, 550

, 570 (2007)). In making this determination, a court may consider “materials that 22 are submitted with and attached to the Complaint.” United States v. Corinthian Colleges,

(9th Cir. 2011) (citing Lee v. L.A.,

(9th Cir. 2001)). 23 5 See Hebbe v. Pliler,

(9th Cir. 2010) (citing Bretz v. Kelman,

, 1027 n.1 (9th Cir. 1985) (en banc)). 24 6 See Gordon v. City of Oakland,

(9th Cir. 2010) (citing Albrecht v. Lund,

(9th Cir. 1988)). 25 7 See Schreiber Distributing Co. v. Serv-Well Furniture Co.,

(9th Cir. 26 1986). 8 Dkt. 1 at 1. 27 9

10 Dkt. 1-1 at 5. 28 11

1 Charles, Jr.’s “case started in 2004 in the State of Calif.”12 Lastly, Plaintiff alleges

2 that “Ketchikan court house said Marvin Jr. was crazy and can’t take care of himself.

3 Marvin Jr. Has a very large family.”13 In support of his Complaint, Plaintiff submits

4 116 pages of exhibits, largely comprised of letters of support and assertions of tribal

5 jurisdiction over Marvin Charles, Jr., and p rinted documents addressing tribal policy, 6 tribal relations, and federal law effecting tribes. 7 In its totality, the Court interprets this Complaint as Marvin Charles, Sr., 8 attempting to file a complaint on behalf of his son, Marvin Charles, Jr.. However, as 9 explained below, he lacks standing to do so. In addition, Plaintiff does not make a 10 request for relief, nor is the Complaint signed.14 11 B. Standing 12 Article III standing “is the threshold question in every federal case” which 13 determines whether the court has the power to hear a lawsuit.15 In order to have 14 standing to sue, a plaintiff must (1) allege that he suffered “injury in fact” or is 15 imminently threatened with such injury; (2) allege that the injury is “fairly traceable 16 to” the defendant’s violation of some legal norm; and (3) show that the harm he has 17 alleged will be “redressable” by the relief that he seeks.16 Absent a sufficient 18 personal stake in the outcome of the litigation as indicated by these three inquiries, 19 standing to sue will be denied. Therefore, third-party claims or generalized 20 grievances, where a citizen is unable to allege particularized injury to himself apart 21 from the interest in governmental regularity, are generally off-limits to federal 22 courts.17 23 24 12 Id. at 3. 25 13 Id. 26 14 Id. at 7. 15 Warth v. Seldin,

(1975). 27 16 Elk Grove Unified Sch. Dist. v. Newdow,

(2004). 17 See Valley Forge Christian College v. Americans United,

(1982); Lujan v. 28 Defenders of Wildlife,

(1992). 1 As mentioned above, the Court’s interpretation of this complaint is that

2 Plaintiff, a self-represented litigant, is making allegations regarding the treatment

3 of his son within the criminal justice system in the State of California.18 A self-

4 represented plaintiff does not have standing to assert the constitutional claims of

5 other people.19 This includes a parent or guardian attempting to raise a claim on 6 behalf of a child or family member.20 Accordingly, Plaintiff does not have Article III 7 standing, and therefore, the Court lacks jurisdiction over this matter.21 8 III. Legal Standards 9 A. Failure to State a Claim 10 Rule 8 of the Federal Rules of Civil Procedure instructs that a complaint must 11 contain a “short and plain statement of the claim showing that the [complainant] is 12 entitled to relief.” A complaint should set out each claim for relief separately. Each 13 claim should identify (1) the specific harm that Plaintiff is alleging has occurred to 14 him, (2) when that harm occurred, (3) where that harm was caused, and (4) who he 15 is alleging caused that specific harm to him. Rule 8 also requires a demand for 16 relief.22 17 Plaintiff fails to plead sufficient facts to plausibly allege a claim in violation 18 of Rule 8. As pled, Plaintiff tells a narrative about Marvin Charles, Jr. However, no 19 specific claims are made as to Plaintiff Marvin Charles, Sr.’s own rights. 20 Additionally, without a demand for relief, Rule 8 has not been satisfied. While the 21 lack of standing alone is dispositive of this action, the Court provides the following 22 guidance because Plaintiff also fails to meet Rule 8 pleading requirements. 23 24

25 18 Dkt. 1-1 at 5. 26 19 United States v. Mitchell,

, 526 n.8 (9th Cir. 1990). 20 See Johns v. Ctny of San Diego,

, 876–77 (9th Cir. 1997). 27 21 In addition to Plaintiff’s lack of standing, based on the facts presented, the Court cannot discern any apparent venue it may have over this case. 28 22 Fed. R. Civ. P. 8(a)(3). 1 B. Civil Rights Claims Under

2 Claims under

have specific required elements that a plaintiff

3 must plead. Section 1983 is a federal statute that “is not itself a source of substantive

4 rights,” but provides “a method for vindicating rights [found] elsewhere.”23

5 Constitutional rights are those conferre d by the United States Constitution to 6 individual citizens. Section 1983 can be used as a mechanism for enforcing the rights 7 guaranteed by a particular federal statute only if (1) the statute creates enforceable 8 rights and (2) Congress has not foreclosed the possibility of a § 1983 remedy for 9 violations of the statute in question.24 Section 1983 does not provide a cause of 10 action for violations of state law.25 In order to plead a proper § 1983 claim, a 11 plaintiff must allege plausible facts that if proven would establish each of the 12 required elements of: “(1) a violation of rights protected by the Constitution or 13 created by federal statute, (2) proximately caused (3) by conduct of a ‘person’ (4) 14 acting under color of state law.”26 15 Importantly in a § 1983 action, claims must demonstrate causation, or show 16 how the alleged defendant, acting under color of state law, violated the plaintiff’s 17 federal rights. A person deprives another of a federal constitutional or statutory 18 right, “within the meaning of § 1983, ‘if he does an affirmative act, participates in 19 another’s affirmative act, or omits to perform an act which he is legally required to 20 do that causes the deprivation of which complaint is made.’”27 The required causal 21 connection “may be established when an official sets in motion a ‘series of acts by 22 23

24 23 Graham v. Connor,

(1989) (quoting Baker v. McCollan,

, 144 n.3 (1979)) 25 24 Blessing v. Freestone,

(1997); Dittman v. California,

, 26 1027-28 (9th Cir. 1999). 25 Galen v. Cty. of Los Angeles,

, 662 (9th Cir. 2007). 27 26 Crumpton v. Gates,

(9th Cir. 1991). 27 Preschooler II v. Clark Cty. Sch. Bd. Of Trs.,

, 1183 (9th Cir. 2007) (quoting 28 Johnson v. Duffy,

(9th Cir. 1978)). 1 others which the actor knows or reasonably should know would cause others to

2 inflict’ constitutional harms.”28

3 Section 1983 also requires that a defendant must be “acting under the color of

4 state law.”29 The question of whether a person who has allegedly caused a

5 constitutional injury was acting unde r the color of state law is a factual 6 determination.30 A defendant has acted under color of state law where he or she has 7 “exercised power ‘possessed by the virtue of state law and made possible only 8 because the wrongdoer is clothed with the authority of state law.’”31 9 This essential element of the statute limits who may be a proper defendant 10 under § 1983. For instance, private citizens, state governmental agencies, and states 11 are generally not proper defendants in a § 1983 action.32 States have sovereign 12 immunity due to the Eleventh Amendment of the U.S. Constitution, which makes 13 them immune from suit unless that immunity is waived.33 “States or governmental 14 entities that are considered ‘arms of the State’ for Eleventh Amendment purposes” 15 are not ‘persons’ under [Section] 1983.”34 16 In a § 1983 action, a defendant may be sued in either an individual or an 17 official capacity. For a defendant to be individually liable under § 1983, that 18 defendant must personally participate in an alleged rights deprivation.35 “In a 19

20 28 Preschooler II, 479 F.3d at 1183 (quoting Johnson,

). 29 West, 487 U.S. at 49. 21 30 See Brunette v. Humane Soc’y of Ventura Cty.,

(9th Cir. 2002). 22 31 West, 487 U.S. at 49 (quoting Classic, 313 U.S. at 326); see also Tongol v. Usery,

(establishing that when state officials are administering a federal funded 23 program, the state officials are still acting under the color of state law). 32 See

; Flint v. Dennison,

, 824-25 (9th Cir. 2007); Hale v. 24 Arizona,

(9th Cir. 1993) (en banc). 33 In re New York,

(1921) (holding federal courts may not hear suits 25 against a state brought by their own citizens, “because of the fundamental rule of which 26 the [Eleventh] Amendment is but an exemplification.”); see also Hans v. Louisiana,

(1890). 27 34 Doe v. Lawrence Livermore Nat’l Lab.,

, 839 (9th Cir. 1997); quoting Will v. Mich. Dep’t of State Police,

(1989)). 28 35 Avalos v. Baca,

(9th Cir. 2010). 1 § 1983 action, the plaintiff must also demonstrate that the defendant’s conduct was

2 the actionable cause of the claimed injury.”36 A defendant sued in their individual

3 capacity may be held liable for money damages.37

4 Alternatively, in a § 1983 action, a plaintiff may sue a defendant in an official

5 capacity as an alternate way of pleading a claim against the governmental entity for 6 which that individual is an officer or employee.38 A plaintiff suing a defendant in 7 their official capacity is not required to allege the “named official’s personal 8 involvement in the acts or omissions constituting the alleged constitutional 9 violation.”39 Instead, a plaintiff must only (1) “identify the law or policy challenged” 10 and (2) “name the official within the entity who can appropriately respond to 11 injunctive relief.”40 However, a defendant sued in their official capacity may not be 12 sued for damages, only for injunctive relief.41 13 In this action, Plaintiff has named the State of California. Under § 1983, 14 Plaintiff cannot sue the State of California or any of its governmental branches, 15 agencies, divisions, offices, or departments. In order to properly bring a § 1983 16 claim, Plaintiff must name a permissible state actor defendant who caused him harm, 17 indicate the capacity in which the defendant acted, and state a corresponding 18 demand for relief. 19 IV. Conclusion 20 Because Plaintiff is a self-represented litigant, he may not plead claims on 21 behalf of another person. Accordingly, Plaintiff does not have Article III standing, 22 and this Court lacks jurisdiction. Furthermore, Plaintiff failed to plead sufficient 23 plausible facts and the procedural elements to meet the pleading requirements of 24

25 36 Harper v. City of Los Angeles,

(9th Cir. 2008). 26 37 See Mitchell v. Washington,

(9th Cir. 2016). 38 Kentucky v. Graham,

(1985); Hafer v. Melo,

(1991). 27 39 Hartmann v. Cal. Dep’t of Corr. & Rehab.,

(9th Cir. 2013). 40

28 41 See Will v. Mich. Dep’t. of State Police,

, 71 n.10. 1 Rule 8 of Federal Civil Procedure and a civil rights action under

.

2 IT IS THEREFORE RECOMMENDED:

3 1. This action should be DISMISSED WITHOUT PREJUDICE for lack of

4 jurisdiction.

5 2. All pending motions should be D ENIED AS MOOT. 6 3. The Clerk of Court should enter a final judgment. 7 DATED this 7th day of October, 2022 at Anchorage, Alaska.

8 /s/ Kyle F. Reardon 9 United States Magistrate Judge District of Alaska 10

11 NOTICE OF RIGHT TO OBJECT 12 Under

(b)(1), a district court may designate a magistrate judge 13 to hear and determine matters pending before the Court. For dispositive matters, a 14 magistrate judge reports findings of fact and provides recommendations to the 15 presiding district court judge.42 A district court judge may accept, reject, or modify, 16 in whole or in part, the magistrate judge’s order.43 17 A party may file written objections to the magistrate judge’s order within 14 18 fourteen days.44 Objections and responses are limited to five (5) pages in length and 19 should not merely reargue positions previously presented. Rather, objections and 20 responses should specifically identify the findings or recommendations objected to, 21 the basis of the objection, and any legal authority in support. Reports and 22 recommendations are not appealable orders. Any notice of appeal pursuant to Fed. 23 R. App. P. 4(a)(1) should not be filed until entry of the district court’s judgment.45 24 25 26 42

(b)(1)(B). 27 43

(b)(1)(C). 44

28 45 See Hilliard v. Kincheloe,

(9th Cir. 1986).