(PS) Clemmons v. Callejar
2:25-cv-01438
E.D. Cal.May 30, 2025Background
- Plaintiff Trehana Clemmons filed a pro se complaint against fourteen employees of the Department of Family and Adult Services.
- Plaintiff's allegations concern alleged violations of various federal statutes, U.S. constitutional amendments, and treaties.
- The complaint references large sums of money and various purported legal authorities but is largely unintelligible and lacks coherent factual support.
- The plaintiff was granted permission to proceed in forma pauperis under 28 U.S.C. §§ 1915(a)(1) and (2).
- The case was screened pursuant to 28 U.S.C. § 1915(e) to determine whether it states a cognizable claim or is frivolous.
- The Magistrate Judge recommended dismissal of the complaint without leave to amend because the allegations are frivolous and fail to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint stated a cognizable legal claim | Clemmons argued his inalienable rights were violated and invoked various treaties and statutes. | Not directly stated (likely argued no viable claim). | Complaint is frivolous and fails to state a claim. |
| Sufficiency of factual allegations | Clemmons asserted vague grievances and legal theories without specifics. | N/A | Allegations are unintelligible and lack necessary facts. |
| Applicability of cited authorities | Cited numerous statutes and treaties (e.g., Treaty of Dancing Rabbit Creek, Public Law 97-280). | N/A | Cited authorities do not create actionable claims. |
| Leave to amend | Implicitly requested by filing the complaint as a pro se litigant. | N/A | Leave to amend denied as complaint cannot be cured. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard: legal conclusions insufficient without supporting facts)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (standard for facial plausibility in complaints)
- Neitzke v. Williams, 490 U.S. 319 (definition of frivolous claims under §1915)
- Haines v. Kerner, 404 U.S. 519 (liberal standard for construing pro se complaints)
