Randle
Randle v. Fregi
Opinion
Trial Court Opinion
INTRODUCTION
13 Plaintiff, an inmate in the Contra Costa County Jail who is proceeding without 14 representation by an attorney, filed this civil rights complaint under 42 U.S.C. § 1983 against 15 Matthew Fregi, a court-appointed lawyer who represented him in his criminal proceedings, and 16 Contra Costa County Superior Court Judge John W. Kennedy, who presided over Plaintiff’s 17 criminal trial. (ECF No. 1.) Plaintiff is granted leave to proceed in forma pauperis in a separate 18 order. For the reasons explained below, the complaint is dismissed because it does not state a 19 claim that is capable of judicial determination.
BACKGROUND
21 Plaintiff claims Fregi provided ineffective representation at his criminal trial and violated 22 his right to due process. (ECF No. 1 at 3.) Plaintiff represented himself in his first trial, and Fregi 23 represented him at his retrial. (Id. at 2, 6.) He was convicted of first-degree murder on March 22, 24 2024. (ECF No. 1 at 6); see State of California v. Randle, No. 04002000347 (Contra Costa 25 County Sup. Ct.) (docket entry of March 22, 2024, https://odyportal.cc- 26 courts.org/Portal/Home/WorkspaceMode?p=0).1 27 In…