United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
MATTER is before the Court under 28 U.S.C. §
1915A on the Prisoner Civil Rights Complaint filed by
Plaintiff Alejandro Garcia. (Doc. 1). The Court will dismiss
the Complaint for lack of federal subject matter
Factual and Procedural Background
Alejandro Garcia filed his Complaint on November 28, 2018.
(Doc. 1). Plaintiff Garcia is a prisoner incarcerated at the
East Texas Treatment Multi-Use Facility, Texas Department of
Criminal Justice, in Henderson, Texas. (Doc. 17 at 2). Garcia
names Conroe Jerome “Mike” Jimenez and Dorrius
(Dora) Lee Jimenez as Defendants. (Doc. 1 at 3). Plaintiff
Garcia alleges that Defendants are the owners of
“Phoenix Covair” in Santa Teresa, New Mexico.
(Doc. 1 at 3). He claims:
“invasion of privacy, illegal wiretapp, harrassing. . .
That is happening to me right now, the illegal and very
deadly wire tapp is runned with electricity, which can kill a
at 3-4) (errors in the original). In his request for relief,
“I need the trial cause number, have an attachment of
all their personal property, and also their real estate
records, home and business, put a hold/freeze on their
accounts, to be highly compensated.”
at 4). Plaintiff has sent the Court numerous letters raising
concerns as to how his Complaint came to be filed in this
Court and that the use of Court employee's initials on
the Court docket constitutes some sort of secret code. (Doc.
3, 8, 9, 11, 13, 14). Plaintiff also filed a letter motion
“I want to press full criminal charges on Phoenix
Covair owners in Santa Teresa, New Mexico 87103. (505)
748-9800 for Illegal Deadly Wire Tapp, Invasion of Privacy,
Harassment, Tortue Devise, Fret Pack and the most important
Terroist Act on A American that is happening to me.”
5) (errors in the original). In his most recent filing,
‘Also I Alejandro Garcia #1545719 am letting this court
know that I am Alejandro Garcia #1545719 Also Donald J. Trump
United States of America President of the United States. . .I
need for you to please get me out on a full pardon from the
program I am at MTC. I am serious, I ‘ve got all my
magazines here with me. I got all kinds of proof. What it is
nobody knows who I am. I need your help. Thank you Alejandro
Garcia #1545719 Aka: Donald J. Trump.”
Action Under Color of State Law is a Jurisdictional
Prerequisite for a § 1983 Action
1983 is the exclusive vehicle for vindication of substantive
rights under the U.S. Constitution. See Baker v.
McCollan,443 U.S. 137, 144 n. 3 (1979); Albright v.
Oliver,510 U.S. 266, 271 (1994) (Section 1983 creates
no substantive rights; rather it is the means through which a
plaintiff may seek redress for deprivations of rights
established in the ...