The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN DEFENDANTS OBJECTIONS, IF ANY, DUE WITHIN 30 DAYS
Findings and Recommendations Following Screening
Plaintiff Donald Glass ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on January 5, 2009 in the Sacramento Division of the Eastern District of California. (Doc. 1.) Plaintiff's case was transferred to the Fresno Division on January 15, 2009. (Doc. 3.) On September 23, 2009, the Court screened Plaintiff's complaint and found that it stated cognizable claims against (1) defendants Hamilton, Robles, Logue, Bautista, and John Doe for use of excessive force in violation of the Eighth Amendment; (2) defendants Grandy, Riddle, McDaniel for deliberate indifference to a serious medical need in violation of the Eighth Amendment; and (3) defendants Hamilton, Bautista, Logue, Robles, Riddle, Cedillos, Grandy, and McDaniel for retaliation in violation of the First Amendment. The Court found that Plaintiff failed to state any other cognizable claims, and dismissed other claims for violation of Federal Rule of Civil Procedure 18(a). Plaintiff was ordered either to file an amended complaint curing the deficiencies identified, or notify the Court of his willingness to proceed only on claims found to be cognizable by the Court in the September 23, 2009 order. After receiving numerous extensions of time, Plaintiff notified the Court that he wished to proceed only on the cognizable claims identified. Accordingly, the Court issues the following Findings and Recommendations.
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 (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 conclusions are not. Id. at 1949.
B. Summary of Plaintiff's Complaint
Plaintiff is currently a state prisoner at Kern Valley State Prison. Plaintiff was previously incarcerated at the California Medical Facility ("CMF") in Vacaville, California, California State Prison at Sacramento ("CSP-Sac") in Represa, California, and California State Prison at Corcoran ("CSP-Cor"), in Corcoran, California. Plaintiff complains of events that allegedly occurred at CSP-Cor.
Plaintiff names the following defendants: Bill Lockyer, former attorney general of California; Robert Santos, criminal records manager for State of California Department of Justice; Jeanne S. Woodford, former director of California Department of Corrections and Rehabilitation ("CDCR"); A. K. Scribner, warden of CSP-Cor; Lonnie Watson, Chief Deputy Warden of CSP-Cor; D. Sheppard-Brooks, associate warden at CSP-Cor; D. Ortiz, associate warden at CSP-Cor; V. Yamamoto, associate warden at CSP-Cor; Rhonda Lowden, facility captain; R. Lopez, facility captain; R. Halberg, facility captain; R. Fields, facility captain; A. Diaz, correctional lieutenant; S. Grandy, correctional lieutenant; D. Indendi, correctional lieutenant; L. L. Wood, correctional lieutenant; E. Hamilton, correctional officer; J. Bautista, correctional officer; A. Robles, correctional officer; Logue, correctional officer; V. Cedillos, correctional officer; B. Riddle, correctional officer; L. McDaniel, licensed vocational nurse; Lawence, licensed vocational nurse; D. L. Matthews, correctional lieutenant; R. Warren, correctional sergeant; J. M. Gonzales, correctional officer; W. Hayward, correctional officer; F. Braswell, correctional officer; and A. Olivas, correctional officer. (Pl.'s Compl. ¶¶ 4-33.)
Plaintiff also names in the caption of his complaint the following defendants: Mason, investigative agent; J. Keener, correctional lieutenant; S. Dehlert, correctional sergeant; A. Trujillo, correctional sergeant; M. Hodge-Wilkins, facility captain for Inmate Appeal Branch; Poblete, medical technical assistant; J. Kim, medical doctor; B. Silva, OSSI mail room supervisor; D. Coombs, sergeant; and John Doe correctional officer (listed as "unknown white C/O"). Plaintiff also lists L. Billiou, Issac, and Pina as defendants in the body of his complaint. (Pl.'s Compl. ¶¶ 38, 79.)
Plaintiff alleges violations of the First, Eighth, and Fourteenth Amendment, as well as violation of the Religious Land Use and Institutionalized Persons Act ("RLUIPA").
Plaintiff requests as relief monetary damages, declaratory judgment, unspecified preliminary injunctive relief, and initiation of federal criminal proceedings.
Plaintiff alleges that on September 2, 2004, defendants D. Ortiz, A. Diaz, and L. Billiou, members of institutional classification committee ("ICC") maintained false and inaccurate prison records which indicated that Plaintiff had been arrested for crimes against a minor. (Doc. 1, Pl.'s Compl. ¶¶ 38-40.) Plaintiff alleges that Ortiz, Diaz, and Billiou restricted Plaintiff's visitation rights with his minor child, and threatened physical violence against Plaintiff if he should file an inmate appeal. (Compl. ¶¶ 38, 41.) Plaintiff alleges that ...