Lindsey
Lindsey v. Mattison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JAMES EARL LINDSEY, Case No. 22-cv-06539-LB
Plaintiff,
SCREENING ORDER
v. Re: ECF No. 1 LEZLIE MATTISON, Defendant. 16 INTRODUCTION The plaintiff James Earl Lindsey, who represents himself and is proceeding in forma pauperis, sued his former public defender in Sonoma County for not filing motions to suppress evidence seized from a search warrant or challenge a photo lineup. He claims that this was ineffective assistance in violation of the Sixth Amendment, conspiracy against him in violation of 18 U.S.C. § 241, and deprivation of his rights under 18 U.S.C. § 242. Before directing the United States Marshal to serve the defendants with the complaint, the court must screen it for minimal legal viability. 28 U.S.C. § 1915(e)(2)(B). The plaintiff has not plausibly pleaded a claim: he cannot sue his lawyer for not filing motions, and there is no private right of…