Harper

Patrick Roy Harper v. Rita Lin, et al.

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20253:25-cv-09488California316 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PATRICK ROY HARPER,

Case No. 25-cv-09488-RS Plaintiff, 11 v. ORDER OF DISMISSAL 12 RITA LIN, et al., 13 Defendants.

15 Pro se Plaintiff Patrick Roy Harper’s ill-defined claims against two federal district court judges are identical to his claims before this Court in Harper v. Lin, No. 25-cv-8068. For the same reasons as there, his claims here are dismissed. A trial court may dismiss a claim under Rule 12(b)(6) sua sponte and without notice “where the claimant cannot possibly win relief.” Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987) (citing Wong v. Bell, 642 F.2d 359, 361– 62 (9th Cir.1981); 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357 at 593 (1969)); Fed. R. Civ. P. 12(b)(6). Plaintiff here seeks an “injunction to proceed immediately to an admiralty bench trial,” averring violations of the jurisdictional statute 28 U.S.C. Section 1916, the Supremacy Clause, and Article III of the Constitution as…

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