The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR NOTIFY COURT OF WILLINGNESS TO PROCEED ONLY AGAINST DEFENDANT WITHIN THIRTY DAYS
Plaintiff Thomas Goolsby, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 17, 2009. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusion are not. Id. at 1949.
Plaintiff, who is housed at the California Correctional Institution ("CCI") in Tehachapi, brings this action for denial of adequate outdoor exercise, in violation of the Eighth and Fourteenth Amendments of the United States Constitution. Plaintiff names Associate Warden M. Carrasco, Warden Gonzales, Deputy Warden Schulteis, Sergeant Gifford, Chief Deputy Warden Holland, Lieutenant Mayo, Assistant Warden Rousta, and Chief of the Inmate Appeals Branch N. Grannis as defendants.
A. Eighth Amendment Claim
The Eighth Amendment protects prisoners from inhumane methods of punishment and from inhumane conditions of confinement. Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir. 2006). Extreme deprivations are required to make out a conditions of confinement claim, and only those deprivations denying the minimal civilized measure of life's necessities are sufficiently grave to form the basis of an Eighth Amendment violation. Hudson v. McMillian, 503 U.S. 1, 9, 112 S.Ct. 995 (1992) (citations and quotations omitted). In order to state a claim for violation of the Eighth Amendment, the plaintiff must allege facts sufficient to support a claim that prison officials knew of and disregarded a substantial risk of serious harm to the plaintiff. E.g., Farmer v. Brennan, 511 U.S. 825, 847, 114 S.Ct. 1970 (1994); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998).
The circumstances, nature, and duration of the deprivations are critical in determining whether the conditions complained of are grave enough to form the basis of a viable Eighth Amendment claim. Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2006). Under some circumstances, the denial of outdoor exercise may rise to the level of cruel and unusual punishment. Allen v. Sakai, 48 F.3d 1082, 1087 (9th Cir. 1995). However, the right to outdoor exercise is not absolute or unyielding to other considerations. Norwood v. Vance, 572 F.3d 626, 631-32 (9th Cir. 2009). Therefore, whether the denial of outdoor exercise constitutes a constitutional violation is dependent upon the circumstances leading to the denial. Id.
In the instant case, Plaintiff was incarcerated at CCI from January 30, 2008 to May 2008, and from February 11, 2009 through on the time of filing this action. Plaintiff states that he receives an average of 143 minutes of out-of-cell outdoor exercise every thirteen days. Plaintiff states that the 150 square foot chain link cage in which he is housed to exercise is too confining. Plaintiff states that he is unable to run and suffers from vascular problems, headaches, muscle atrophy, depression, claustrophobia and mental regression. (Doc. 1, Complaint, p.6.)
Plaintiff's allegation that Warden Gonzales is responsible for the out-of-cell exercise policy. Based on the minimal federal notice pleadings standards, Plaintiff states a cognizable claim against Defendant Gonzales for violation of the Eighth Amendment. Fed. R. Civ. P. 8(a); Iqbal, 129 S.Ct. at 1949; Allen, 48 F.3d at 1087. Plaintiff however, fails to state a viable Eighth Amendment claim against the remaining defendants, all of whom responded to Plaintiff's inmate grievances concerning the lack of outdoor exercise time. "[A prison] grievance procedure is a procedural right only, it does not confer any substantive right upon the inmates." Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (citing Azeez v. DeRobertis, 568 F. Supp. 8, 10 (N.D. Ill. 1982)); see also Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (no liberty interest in processing of appeals because no entitlement to a specific grievance procedure); Massey v. Helman, 259 F.3d 641, 647 (7th Cir. 2001) (existence of ...