United States District Court, E.D. California
RODNEY B. BARNO, Plaintiff,
DAVID LOPEZ, et al., Defendants.
R. BEISTLINE, UNITED STATES DISTRICT JUDGE
B. Barno, a California state prisoner appearing pro
se and in forma pauperis, has filed this action
under the Civil Rights Act, 42 U.S.C. § 1981, and the
Declaratory Relief Act, 28 U.S.C. §§ 2201, 2202,
against various officials employed by the California
Department of Corrections and Rehabilitation. Barno’s
action arises out of his incarceration at the California
Substance Abuse Treatment Facility-Corcoran
(“CSATF”). Barno is currently incarcerated at the
California State Prison, Soledad.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. Upon screening Barno’s
original Complaint, found that Claim One against David Lopez
and Claim Two, to the extent that Johnson labeled Barno as a
“snitch, ” sufficiently stated a cause of action.
The Court dismissed it without leave to amend as against J.
Corral and J. Zamora, and dismissed it with leave to amend as
against S. Avila-Beccera, J. Arrellano, Johnson, F. Madruga,
and C. Frazier. The Court granted Barno leave to elect to
either proceed on Claim One against Lopez and Claim Two as
against Johnson or to elect to amend his
Complaint. In that Order the Court gave Barno
explicit, detailed instructions as to the form and content
required in preparing and filing his Amended Complaint.
response thereto at Docket 10 Barno has filed a document
entitled Amended Civil Rights Complaint Under 42 U.S.C. 1983
(State Prisoner). The Court screens amended complaints using
the same standards used in screening the original Complaint.
A pleading that has been amended under Rule 15(a) supersedes
the pleading it modifies and remains in effect throughout the
action unless it subsequently is modified. Once an amended
pleading is interposed, the original pleading no longer
performs any function in the case.
GRAVAMEN OF AMENDED COMPLAINT
original Complaint is dated April 13, 2016. In his Amended
Complaint, which spans the period between on or about January
19 and March 23, 2016, asserts numerous claims against Lopez,
Avilla-Beccera, Johnson, and Frazier. These claims are
summarized as follows:
that on January 19, 2016, while Lopez was placing Barno in
the Administrative Segregation Unit Lopez used excessive
force by hitting Barno in the head twice and slamming
Barno’s head against the wall. Barno further alleges
that Lopez labeled him a “snitch, ” and
interfered with Barno’s right to file administrative
that on various dates between January 31 and March 23, 2016,
Avila-Beccera: (1) obstructed Barno’s attempts to seek
redress for grievances; (2) threatened Barno with assault if
Barno did not cease fling grievances; (3) denied Barno
unspecified meals during a three-week period; (4) failed to
deliver Barno’s legal mail to the CSATF mail room; (5)
threatened Barno with false and fabricated disciplinary
proceeding; and (6) denied Barno showers on several
that Johnson: (1) labeled Barno a “snitch, ”
placing Barno in danger of assault by a fellow inmate: (2)
denied Barno part or all of his breakfast on two occasions;
(3) denied Barno toilet paper and access to the law library;
and (4) confiscated ...