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Garcia v. Jimenez

United States District Court, D. New Mexico

June 28, 2019

ALEJANDRO GARCIA, Plaintiff,
v.
CONROE JEROME “MIKE” JIMENEZ, DORRIUS DORA LEE JIMENEZ, Defendants.

          MEMORANDUM OPINION AND ORDER

         THIS 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 jurisdiction.[1]

         I. Factual and Procedural Background

         Plaintiff 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 person.”

         (Doc. 1 at 3-4) (errors in the original). In his request for relief, Plaintiff states:

“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.”

         (Doc. 1 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 stating:

“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.”

         (Doc. 5) (errors in the original). In his most recent filing, Garcia claims:

‘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.”

         (Doc. 17).

         II. Action Under Color of State Law is a Jurisdictional Prerequisite for a § 1983 Action

         Section 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 ...


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