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Barno v. Lopez

United States District Court, E.D. California

July 20, 2016

RODNEY B. BARNO, Plaintiff,
v.
DAVID LOPEZ, et al., Defendants.

          DISMISSAL ORDER

          RALPH R. BEISTLINE, UNITED STATES DISTRICT JUDGE

         Rodney 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.[1] 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.

         I. BACKGROUND/PRIOR ORDER

         This Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity.[2] 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.[3] In that Order the Court gave Barno explicit, detailed instructions as to the form and content required in preparing and filing his Amended Complaint.

         In 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.[4]

         II. GRAVAMEN OF AMENDED COMPLAINT

         Barno’s 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:

         Lopez.

         Alleges 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 appeals.

         Avila-Beccera.

         Alleges 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 occasions.

         Johnson.

         Alleges 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 ...


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