Jacobson

Jacobson v. Schwarzenegger

Good Law
357 F. Supp. 2d 1198·2004 WL 3203120·2004 U.S. Dist. LEXIS 27470
United States District Court, Central District of CaliforniaNovember 30, 2004CIV.CV043629-JFW(MC)California11,948 words

Opinion

Opinion

McMAHON, J.

MEMORANDUM AND ORDER: 1. GRANTING MOTION. TO DISMISS; 2. DENYING MOTION TO STRIKE AND MOTION FOR MORE DEFINITE STATEMENT AS MOOT; AND 3. DISMISSING COMPLAINT WITH LEAVE TO AMEND

BACKGROUND

The pro se plaintiff, a licensed attorney, filed a ninety-seven page civil rights complaint on May 21, 2004. This action appears to have been precipitated by the removal of the plaintiff from an “attorney appointment list” maintained by the California Board of Prison Terms (“BPT”) from which attorneys are appointed to represent parolees in parole revocation proceedings. However, the plaintiff not only brings claims for relief based upon alleged injuries suffered by the plaintiff, but also purports to bring this action on behalf of a “caste” of some 125,000 California parolees. The plaintiff does not style this case as a class action, but rather invokes the doctrine of third-party standing to assert claims on behalf of present and future parolees. The plaintiff indicates that “representative parolee plaintiffs” will be joined as plaintiffs once they have exhausted their administrative remedies.

The defendants are: (1) California Governor Arnold Schwarzenegger; (2) former California Governor…

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