Adams v. Head of CNA Financial, Orange County Branch
Adams v. Head of CNA Financial, Orange County Branch
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RINESON C. ADAMS, Case No. 21-cv-07987-JD
6 Plaintiff, ORDER RE DISMISSAL v. 7 Re: Dkt. Nos. 2, 4 8 HEAD OF CNA FINANCIAL, ORANGE COUNTY BRANCH, 9 Defendant.
10 11 Plaintiff, a state prisoner, has filed a pro se civil rights complaint under
42 U.S.C. § 1983. 12 DISCUSSION 13 STANDARD OF REVIEW 14 Federal courts must engage in a preliminary screening of cases in which prisoners seek 15 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 16 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 17 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 18 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 19 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t,
901 F.2d 696, 699(9th 20 Cir. 1990). 21 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 22 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 23 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 24 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 25 cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above 26 the speculative level.” Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 555(2007) (citations 27 omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its 1 standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 2 || must be supported by factual allegations. When there are well-pleaded factual allegations, a court 3 should assume their veracity and then determine whether they plausibly give rise to an entitlement 4 to relief.” Ashcroft v. Igbal,
556 U.S. 662, 679(2009). 5 To state a claim under
42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by 6 || the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 7 committed by a person acting under the color of state law. West v. Atkins,
487 U.S. 42, 48(1988). 8 LEGAL CLAIMS 9 Plaintiff is currently incarcerated at the California Medical Facility in the Eastern District 10 || of California. He alleges that the head of the branch office of CNA Financial in Orange County, 11 which is located in the Central District of California, seized plaintiff's companies and empire 12 || before his eighteenth birthday. Plaintiff states that in 2005-2007 he filed a claim in small claims 5 13 court and won. For relief plaintiff seeks the Court to review the small claims court cases and 14 || arrange a transaction to obtain his companies. Plaintiff's allegations are frivolous and fail to state 15 a claim under
42 U.S.C. § 1983. In addition, plaintiff is not incarcerated in this district and the 16 || events did not occur in this district. Because no amount of amendment would cure the 3 17 deficiencies of the complaint, this action is dismissed without leave to amend. To the extent 18 plaintiff seeks to bring an action separate from § 1983, he should bring that action in the 19 appropriate district. 20 CONCLUSION 21 1. The complaint is DISMISSED for failure to state a claim. The motion to proceed in 22 || forma pauperis (Dkt. Nos. 2, 4) is DENIED. 23 2. The Clerk is requested to close this case. 24 IT IS SO ORDERED. 25 Dated: November 4, 2021 26 27 JAMES ATO 28 United Sates District Judge
Reference
- Status
- Unknown