United States District Court, D. Nevada
MARGARET E. SAGER II, and VICTOR J. ALBANESE, Plaintiffs,
LV, NV - BALTIMORE, MD SOCIAL SECURITY ADMINISTRATIONS, et al., Defendants.
SCREENING ORDER (IFP APP. - ECF NO. 1; MOT. BRING
FORTH - ECF NO. 5)
A. LEEN UNITED STATES MAGISTRATE JUDGE.
matter is before the court on Plaintiff Margaret E. Sager
II's Application to Proceed In Forma Pauperis
(ECF No. 1) and Motion to Bring Forth $2, 000 (ECF No. 5).
This Application and Motion are referred to the undersigned
pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 and
of the Local Rules of Practice.
In Forma Pauperis Application (ECF No. 1)
Sager is proceeding in this action pro se, which
means she is not represented by an attorney. See LSR
2-1. Pursuant to 28 U.S.C. § 1915 and LSR 1-1 of the
Local Rules of Practice, any person who is unable to prepay
the fees in a civil case may apply to the court for authority
to proceed in forma pauperis (“IFP”),
meaning without prepaying the full $400 filing fee. Here,
Sager has requested authority to proceed IFP and submitted
the affidavit required by § 1915(a) showing that she is
unable to prepay fees and costs or give security for them.
Accordingly, her request to proceed IFP will be granted.
court notes that no IFP application was received for Ms.
Sager's son, Victor J. Albanese, whom she names in her
initiating documents as a plaintiff. She states her son, who
was born in 1986, has been missing since July 4, 2016. She
asks that the court award an immediate $50 million dollars
and bring her son back. As a general rule, pro se
parties may not pursue claims on behalf of others in a
representative capacity. See, e.g.,
Simon v. Hartford Life, Inc., 546 F.3d 661,
665 (9th Cir. 2008) (collecting cases); Johns v. County
of San Diego, 114 F.3d 874, 876 (9th Cir. 1997) (holding
that a parent or guardian may not bring suit in federal court
on behalf of their child without first retaining an
attorney). Thus, only Sager will be recognized as the
plaintiff in the court's analysis.
Screening the Complaint
granting a litigant's IFP request, a federal court must
screen the complaint and any amended complaints filed prior
to a responsive pleading pursuant to § 1915(e).
Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000).
If the complaint states a valid claim for relief, the court
will direct the Clerk of the Court to issue summons to the
defendant(s) and the plaintiff must then serve the summons
and complaint within 90 days. See Fed. R. Civ. P.
4(m). When a court dismisses a complaint pursuant to §
1915(e), a plaintiff is ordinarily given leave to amend with
directions as to curing its deficiencies, unless it is clear
from the face of the complaint that the deficiencies could
not be cured by amendment. Cato v. United States, 70
F.3d 1103, 1106 (9th Cir. 1995).
in a pro se complaint are held to less stringent
standards than formal pleading drafted by lawyers.
Erickson v. Pardus, 551 U.S. 89, 94 (2007);
Hebbe v. Pliler, 627 F.3d 338, 342 n.7 (9th Cir.
2010). However, pro se litigants “should not
be treated more favorably than parties with attorneys of
record, ” Jacobsen v. Filler, 790 F.2d 1362,
1364 (9th Cir. 1986); rather, they must follow the same rules
of procedure that govern other litigants. Ghazali v.
Moran, 46 F.3d 52, 54 (9th Cir. 1995).
Ms. Sager's Factual Allegations and Claims for
initiating document is titled “A Request for Immediate
Relief” (ECF No. 1-1), which the court will construe as
her complaint. The complaint is legible, although difficult
to follow, but the court will try to accurately summarize her
allegations. She appears to name as defendants LV, NV -
Baltimore, MD Social Security Administrations, Zarada from
Nevada Legal Services, Nevada State Welfare, Brian Sandoval,
Shook & Stone Atty, Tod aka Malcome Lundgren “TV
Actor, ” Aaron James Mitchell, LV, NV and Wash D.C.
FBI, Michael G. Simon, and Elks Club.
Sager alleges that her son, Victor has been missing since
July 2016, which she has told the court in previous
actions. She states that she has filed at least
50-60 criminal reports with the police department but no
officer or detective has helped her or her son. Since at
least 2004, Sager alleges that she and her son have been
tortured daily. Defendants and others have forged United
States Treasury checks. Members of her family have committed
“satanic, sadistic murders.” Thus, she asks the
court for immediate protection.
Sager further alleges that defendants keep her and her son
from living in their homes. Defendants beat them with broken
bones, perform surgeries, including “lobotomies,
” and place them in facilities such as Rosen Neil, West
Care Mental Health Unit, and UMC Mental Ward. They have been
shot at, set on fire, put in car accidents, locked up in
vacant apartments, and tortured. Thus, she asks that her son
be brought to her and defendants be ordered to pay $50
million dollars to give her proper living conditions.
reasons discussed below, the court finds that the complaint
fails to state a claim upon which relief can be granted