United States District Court, E.D. California
ORDER DISMISSING FIRST AMENDED COMPLAINT, WITH
PREJUDICE, FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF
[ECF NO. 12]
Alvin Ray Quarles is a civil detainee proceeding pro se and
in forma pauperis in this civil rights action pursuant to 42
U.S.C. § 1983. Individuals detained pursuant to
California Welfare and Institutions Code § 6600 et seq.
are civil detainees and are not prisoners within the meaning
of the Prison Litigation Reform Act. Page v. Torrey,
201 F.3d 1136, 1140 (9th Cir. 2000). Pursuant to 28 U.S.C.
§ 636(c), Plaintiff consented to the jurisdiction of the
United States Magistrate Judge on September 8, 2015. Local
before the Court is Plaintiff's first amended complaint,
filed April 11, 2016. (ECF No. 12.)
forma pauperis statue provides, "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).
arrived at the Coalinga State Hospital on January 15, 2014.
Plaintiff contends while in the custody of the hospital, he
was unable to secure his personal property. Plaintiff arrived
at a new dorm on December 10, 2014, and each dorm consists of
up to four people and each resident has no way to lock his
dorm. However, patients can allegedly secure their lockers in
their dorms. Psych technician, Nicole Rodriguez gave
Plaintiff his locker combination, and Plaintiff tried
unsuccessfully to open the locker. Ms. Rodriguez also tried
several times unsuccessfully to open the locker without
success. Ms. Rodriguez then told Plaintiff she would order
maintenance to install a new lock combination. Neither Ms.
Rodriguez nor any other staff member informed Plaintiff he
could secure his property in the office or lock his dorm.
Plaintiff's new television, media player, hard drive,
small radio, headphones, disks, cosmetics, food, and his
legal paper work were all left unattended.
December 17, 2014, Plaintiff went to breakfast at 6:40 a.m.,
and then to the gym between 7:00 and 8:00 a.m. Plaintiff
returned to his dorm area around 8:15 a.m. and discovered
that his media player and hard drive were on the floor. The
USB and HDMI wires were disconnected from his television, and
the television casing was broken. Plaintiff's television,
media player and hard drive were damaged as a result of the
reported the incident to Linda Moon and Rebekah Reeves who
indicated the room was not searched and Plaintiff was free to
file a police report. When police arrived for an interview,
Plaintiff was asked why he did not secure his property in his
locker, and Plaintiff explained that the lock did not work.
Plaintiff requested that police dust for fingerprints on the
television to positively identify the culprit. However,
police responded that fingerprints were not taken unless it
was a serious crime.
State Hospital policy requires that staff make safety and
security checks in the dorms while patients at the dining
December 19, 2014, maintenance went to Plaintiff's dorm
to repair the lock. After the replacement, Plaintiff asked
Jesse Garcia to document in the log book that maintenance
repaired his lock and combination.
sought monetary costs for the damage to his property from the
State Board of Control.
filed a police report but was never provided a copy of the
24, 2015, Plaintiff was moved to a new unit with less
supervision. When Plaintiff asked the officer for his locker
combination, he informed Plaintiff the computer was down.
contends that the Coalinga State Hospital has a policy to
never provide new padlocks and/or new locker numbers to