Rogers v. Mestrin et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
DAVID P. ROGERS,
Plaintiff,
v.
MIKE MESTRIN, et al.,
Defendants.
Case No. 3:23-cv-00249-JMK
ORDER OF DISMISSAL
On October 27, 2023, self-represented prisoner David P. Rogers (“Plaintiff”)
filed a civil complaint in the above-captioned case.1 	On November 30, 2023,
Plaintiff sent a letter to the Court.2 	Plaintiff brings suit against two officers and a
district attorney, who appear to be employed in Riverside County, California.
Plaintiff also names Securus Technologies and the Robert Presley Detention
Center in Riverside County, California.
In order to properly commence a civil action, a litigant must file a complaint,
a civil cover sheet, and either pay the filing fee or file an application to waive
prepayment of the filing fee.3 Prisoner litigants requesting to waive prepayment of
the filing fee must include a statement of their prison trust account for the past six
1 Docket 1.
2 Dockets 1–2.
3 Local Civil Rule 3.1(c).
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months. 	Plaintiff did not file a civil cover sheet and has not paid the filing fee or
filed an application to waive prepayment of the fee. Accordingly, this civil action is
deficient. Ordinarily, the Court would grant Plaintiff 30 days to cure the deficiency.
However, upon review, the Court finds that permitting leave to amend in this case
would be futile.4
Federal law requires a court to screen complaints brought by prisoners
seeking 	relief 	against 	a 	governmental 	entity 	or 	officer 	or 	employee 	of 	a
governmental entity, even if the filing fee has been paid.5 	Further, federal courts
also have an independent obligation to ensure that they do not exceed the scope
of their jurisdiction.6 	To avoid dismissal, a plaintiff must make a prima facie
showing of jurisdictional facts.7 Proper venue is also a concern when a complaint
names out-of-state parties.8 For the reasons explained below, Plaintiff’s Complaint
is dismissed on jurisdictional grounds and all pending motions denied as moot.
4 See, e.g., Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011)
(dismissal without leave to amend is proper when amendment would be futile); Chaset v.
Fleer/Skybox Int'l, LP, 300 F.3d 1083, 1087–88 (9th Cir. 2002) (denial of leave to amend is not
an abuse of discretion if the “basic flaw” in the underlying facts cannot be cured by amendment).
5 28 U.S.C. §§ 1915, 1915A.
6 Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428 (2011).
7 Lake v. Lake, 817 F.2d 1416, 1420 (9th Cir.1987).
8 28 U.S.C. S 1391(b).
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DISCUSSION
Plaintiff currently is incarcerated in the California Health Care Facility in
Stockton, California.9 All Defendants appear to be located in California, and all of
the alleged events giving rise to this action seem to have occurred in California.
Plaintiff has not provided any reason why he believes the District of Alaska has
jurisdiction or could be considered a proper venue.
I. 	Subject-Matter Jurisdiction
“[F]ederal courts are courts of limited jurisdiction” and “may not exercise
jurisdiction absent a statutory basis.”10 	In general, a federal court has original
jurisdiction over actions involving a federal question,11 and actions between
citizens 	of 	different 	states 	involving 	an 	amount 	in 	controversy 	greater 	than
$75,000.12 	A party asserting that a federal court has jurisdiction over an action
bears the burden of establishing it.13
II. 	Personal Jurisdiction
A plaintiff must show that a court has personal jurisdiction over an out-of-
state defendant.14 	“Federal courts ordinarily follow state law in determining the
9 Docket 1 at 1
10 Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019).
11 28 U.S.C. § 1331.
12 28 U.S.C. § 1332(a).
13 Hertz Corp. v. Friend, 559 U.S. 77, 96 (2010).
14 Picot v. Weston, 780 F.3d 1206, 1211 (9th Cir. 2015).
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bounds of their jurisdiction over persons.”15 	“Due process requires that [a]
defendant ‘have certain minimum contacts’ with the forum state ‘such that the
maintenance of the suit does not offend traditional notions of fair play and
substantial justice.’”16
III. 	Venue
Venue is proper in a judicial district “in which any defendant resides, if all
defendants are residents of the State in which the district is located,” or where “a
substantial part of the events or missions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is situated.”17
CONCLUSION
Plaintiff has not addressed how this Court has jurisdiction over any of the
named Defendants or why this Court would be the proper venue for this case when
none of the parties live or work in Alaska. 	Based on the allegations in the
Complaint, the District of Alaska is not where a substantial part, or even any part,
of the events or omissions giving rise to the claim occurred.
IT IS THEREFORE ORDERED:
1. 	This action is DISMISSED without prejudice for lack of jurisdiction and
improper venue.
15 Daimler AG v. Bauman, 571 U.S. 117, 125 (2014).
16 Picot, 780 F.3d at 1211 (quoting Int'l Shoe Co. v. Wash., 326 U.S. 310, 316 (1945)).
17 28 U.S.C. § 1391(b)(1)–(2); see also 28 U.S.C. §§ 1346(a), 1402(b) (venue may also be proper
in the venue where the plaintiff resides in cases seeking recovery of any internal revenue tax).
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2. 	Any pending motions are DENIED AS MOOT.
3. 	The Clerk of Court shall issue a final judgement.
DATED this 20th day of December, 2023, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
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