Diaz
Diaz v. State of California
Opinion
Trial Court Opinion
I. INTRODUCTION
20 Plaintiff Henry E. Diaz, II proceeds pro se in this civil case, which is purportedly brought under 42 U.S.C. § 1983. (ECF No. 1). His allegations are hard to decipher, but he claims that the State of California has violated his constitutional rights, infringed on his copyright, and unlawfully detained his property. As will be explained below, it appears that his legal theories are based on sovereign citizen ideology. Because the complaint is absolutely meritless, the Court lacks subject-matter jurisdiction and the Court will recommend that the complaint be dismissed with prejudice and without leave to amend. Dismissal is also warranted based on the lack of an attorney representative. Further, the Court will recommend that Plaintiff’s partial motion for summary judgment be denied. II. SCREENING REQUIREMENT As Plaintiff is proceeding in forma pauperis, the Court screens the complaint under 28 U.S.C. § 1915. (ECF No. 9). The Court must dismiss a case that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant immune from such relief.…