United States District Court, E.D. California
CHARLES E. GRIFFIN, II, Plaintiff,
DORORTHY DOWILLIAMS, et al., Defendants.
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se. On September 1, 2016,
the court dismissed plaintiff's complaint with leave to
amend. Plaintiff has now filed an amended complaint.
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. §
court has conducted the required screening and finds that
plaintiff's complaint states a claim upon which relief
could be granted arising under the Eighth Amendment against
defendant Dowilliams for denial of medical care. In all other
respects, plaintiff's amended complaint fails to state
claims upon which relief can be granted.
point, plaintiff has two options: 1) he may either proceed
only on the claim identified above; or 2) attempt to cure the
deficiencies with respect to other claims in an amended
plaintiff chooses to amend, plaintiff is informed as follows:
order to state a claim for damages, plaintiff must allege
facts indicating a causal connection between the actions of a
defendant and the injury sustained by plaintiff. See
Barren v. Harrington, 152 F.3d 1193, 1194-95 (9th Cir.
1998). There can be no liability under 42 U.S.C. § 1983
unless there is some affirmative link or connection between a
defendant's actions and the claimed deprivation.
Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore,
vague and conclusory allegations of official participation in
civil rights violations are not sufficient. Ivey v. Board
of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
Section 1997(e)(a) of Title 42 of the United States Code
provides that “[n]o action shall be brought with
respect to prison conditions under section 1983 of this
title, . . . until such administrative remedies as are
available are exhausted.”
Denial or delay of medical care for a prisoner's serious
medical needs may constitute a violation of the
prisoner's Eighth Amendment rights. Estelle v.
Gamble, 429 U.S. 97, 104-05 (1976). An individual is
liable for such a violation only when the individual is
deliberately indifferent to a prisoner's serious medical
Prison officials generally cannot retaliate against inmates
for exercising First Amendment rights. Rizzo v.
Dawson, 778 F.2d 527, 531 (9th Cir. 1985). Because a
prisoner's First Amendment rights are necessarily
curtailed, however, a successful retaliation claim requires a
finding that “the prison authorities' retaliatory
action did not advance legitimate goals of the correctional
institution or was not tailored narrowly enough to achieve
such goals.” Id. at 532. The plaintiff bears
the burden of pleading and proving the absence of legitimate
correctional goals for the conduct of which he complains.
Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995).
Prisoners do not have a constitutional right to a prison
grievance procedure. Ramirez v. Galazza, 334 F.3d 850, 860
(9th Cir. 2003).
order to state claims arising under California law, plaintiff
must comply with the terms of the California Tort Claims Act
and plead compliance in his complaint. See Cal.
Gov't Code § 910 et seq.; Mangold v. Cal. Pub.
Utils. Comm'n, 67 F.3d. 1470, 1477 (9th Cir. 1995).
Plaintiffs second amended complaint my not exceed 20 pages.
plaintiff is informed that the court cannot refer to a prior
pleading in order to make an amended pleading complete. Local
Rule 220 requires that an amended complaint be complete in
itself without reference to any prior pleading. This is
because, as a general rule, an amended complaint supersedes
the original complaint. See Loux v. Rhay, 375 F.2d
55, 57 (9th Cir. 1967). Once plaintiff files an amended
complaint, the original pleading no longer serves any
function in the case. ...