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Clifford J. Williams v. California Department

March 29, 2011

CLIFFORD J. WILLIAMS,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT
OF CORRECTIONS, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

SECOND SCREENING ORDER

ORDER DISMISSING FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM, WITH LEAVE TO AMEND THIRTY-DAY DEADLINE TO FILE SECOND

AMENDED COMPLAINT THAT DOES NOT EXCEED TWENTY-FIVE PAGES

I. RELEVANT PROCEDURAL HISTORY

Clifford J. Williams ("Plaintiff") is a state prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"), proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on December 20, 2007. (Doc. 1.) The Court screened the Complaint pursuant to 28 U.S.C. 1915A and entered an order on May 7, 2009, dismissing the Complaint for failure to state a claim, with leave to amend. (Doc. 10.) On December 17, 2009, Plaintiff filed the First Amended Complaint, which is now before the Court for screening. (Doc. 20.)

II. SCREENING REQUIREMENT

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)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).

To state a viable claim for relief, Plaintiff must set forth sufficient factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Id.

III. SUMMARY OF COMPLAINT

Plaintiff is presently incarcerated at the California State Prison in Corcoran, California. The events at issue occurred at the California Correctional Institution ("CCI") in Tehachapi, California, when Plaintiff was incarcerated there. Plaintiff names as defendants LVNs M. Ortiz and Norwood; Psych Tech Hanciles; Sgt. Caldwell; Correctional Officers ("C/Os") T. Davis, G. Ybarra, A. Bracken, Martin, D. Duffy, Rhodes, Williams, Cotton, Victor Perez, Schmitt, Daffern, Wilburn, Emerson, J. Gant, Serna, Dean, Jimenez, Miles, B. Wadman, T. Eilers, D. Reyes, Miller, Lopez, Alison, C. Little, Thompson, Jones, T. Starr, Bumbaca, and Gomez; and unnamed defendants including other C/Os, Psych Doctor, Psych Techs, LVNs, Captains, Lieutenants, CCI, CCII, CCIII, CDW, Medical Records, RNs, Plumbers, and Engineers.

Plaintiff alleges as follows in the First Amended Complaint.

Sexual Misconduct, Slander and Defamation

Plaintiff was housed at CCI from January 18, 2005 to June 19, 2007. During that time, prison staff started and spread gay/homosexual rumors about Plaintiff. On September 5, 2005, C/O Davis made remarks amounting to sexual misconduct. On December 7, 2005, C/O Davis said to a Mexican inmate, "Williams is gay." Plaintiff also alleges in conclusory terms that defendants LVNs M. Ortiz and Norwood, Psych Tech Hanciles, Sgt. Caldwell, and C/Os G. Ybarra, A. Bracken, Martin, D. Duffy, Rhodes, Williams, Cotton, Victor Perez, Schmitt, Daffern, Wilburn, Emerson, J. Gant, Serna, Dean, Jimenez, Miles, B. Wadman, T. Eilers, D. Reyes, Miller, Lopez, Alison, C. Little, Thompson, Jones, T. Starr, Bumbaca, and Gomez started gay/homosexual rumors, and slandered and defamed him. Plaintiff asserts he has names of more than 300 prison employees who slandered him, but he was unable to include those defendants because of the Court's twenty-five page limitation. Plaintiff claims that the gay/homosexual rumors led to Plaintiff's divorce, a hunger strike, attempted murder, batteries on inmates, SHU terms, and transfers from one prison to another.

Plaintiff also alleges that all of the correctional officers laughed at him because he lost weight.

Tainted Food & Denial of Medical Care

Plaintiff's food was tainted, resulting in him taking antibiotics from 2005 to 2007 for H. pylori disease. C/O D. Reyes and staff were well aware of Plaintiff's illness and serious stomach pain, but no one notified medical staff concerning his conditions. This took place on October 31, 2005 and November 1, 2005. Between November 6, 2005 and November 26, 2005, Plaintiff was vomiting, could not eat, and lost seventeen pounds. Staff was well aware of his lack of nourishment.

Assaults

On August 12, 2005, C/O Ybarra assaulted Plaintiff.

On November 11, 2005, as Plaintiff was going to the shower in handcuffs, C/O A. Bracken grabbed his arm and started to twist it repeatedly. He then pushed Plaintiff into the shower and yelled out, "Punk, what are you going to do about it?" C/O Martin yelled out, "He is going to write a ...


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