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Johnny Lee Sloan, Jr v. Department of Corrections

April 10, 2013

JOHNNY LEE SLOAN, JR.,
PLAINTIFF,
v.
DEPARTMENT OF CORRECTIONS, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM ECF No. 11

I. Background

Plaintiff Johnny Lee Sloan, Jr., ("Plaintiff") is a prisoner in the custody of the California

Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On December 28, 2011, Plaintiff filed his Complaint. ECF No. 1. On October 10, 2012, the Court screened Plaintiff's Complaint and found that it stated a cognizable claim against Defendant Lima for denial of access to the courts, but failed to state any other claim against any other Defendants. Plaintiff was provided the opportunity to file an amended complaint. On November 19, 2012, Plaintiff filed his First Amended Complaint. ECF No. 11.

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. Id. § 1915A(b)(1),(2).

"Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall 3 dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a 4 claim upon which relief may be granted." Id. § 1915(e)(2)(B)(ii). 5

A complaint must contain "a short and plain statement of the claim showing that the pleader 6 is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but 7 "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, 8 do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 9 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). While factual allegations are accepted as true, legal conclusions are not. Id.

II. Summary of Complaint

Plaintiff was incarcerated at the California Substance Abuse Treatment Facility and State

Prison ("SATF") in Corcoran, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: V. Rowell, senior librarian; R. Garcia, CC II (A); K. Santon, Chief Deputy Warden (A); K. Allison, Warden; J. Reynoso, Associate Warden; D. Artis, appeals examiner; D. Foston, chief of inmate appeals at the Third Level; and Lima.

Plaintiff alleges the following. Defendant Rowell conducted an interview and claimed nearly 400 pages of bulk legal documents were received by interoffice mail on March 3, 2011. Plaintiff contends that this hindered Plaintiff's efforts of pursuing legal litigation.

Defendant Garcia denied Plaintiff's access to the courts by claiming to have investigated and interviewed Plaintiff, and failing to follow department policy of reporting acts of wrongdoing. Defendant Santon reviewed the appeal after Defendant Garcia fabricated interviewing Plaintiff. Defendants Allison and Reynoso are responsible for supervising personnel at SATF regarding enforcement of procedures of final reviewing of CDCR appeals. Defendants Artis and Foston made unethical decisions when they claimed to have conducted a thorough review of Plaintiff's appeal. Plaintiff makes no allegations against Defendant Lima.

Plaintiff requests as relief compensatory and punitive damages, costs of suit, and that he be provided tolling for the ...


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