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Kabede v. Director's Level Chief of Inmate Appeals

United States District Court, C.D. California, Eastern Division

April 21, 2017

WONDIYRAD KABEDE, Plaintiff,
v.
DIRECTOR'S LEVEL CHIEF OF INMATE APPEALS, Defendants.

          MEMORANDUM AND ORDER DISMISSING FAC WITH LEAVE TO AMEND

          DOUGLAS F. MCCORMICK UNITED STATES MAGISTRATE JUDGE

         I.

         BACKGROUND

         In June 2015, Wondiyrad Kabede (“Plaintiff”), formerly a prisoner at Ironwood State Prison in Blythe, California (“Ironwood”), and currently a prisoner at Mule Creek State Prison, filed a pro se civil rights complaint under 42 U.S.C. § 1983. Dkt. 1 (“Complaint”). In the Complaint, Plaintiff alleged that a false disciplinary violation resulted in the parole board denying his petition to advance his parole hearing. Id. at 2. He named as defendants the Ironwood State Prison Appeals Coordinator, the California Department of Corrections Secretary, and the Director's Level Chief of Inmates Appeals.

         Plaintiff filed the original Complaint in the United States District Court for the Eastern District of California. In April 2016, that court dismissed the Complaint with leave to amend, finding that (1) it was unclear what constitutional violations were committed and by whom, (2) the Complaint did not contain a short and plain statement as required by Federal Rule of Civil Procedure 8(a)(2), and (3) any challenge to Plaintiffs fact or duration of confinement needed to be brought in a habeas petition. See Dkt. 9.

         In May 2016, Plaintiff filed a first amended complaint (“FAC”). Dkt. 12. The FAC names five defendants: (1) B. Friend, correctional counselor; (2) Sergeant W. Griffith; (3) Kendra Chambers, Ironwood State Prison Appeals Coordinator; (4) W. McCullough, Ironwood State Prison Appeals Coordinator; (5) R. L. Briggs, Chief of Director Level Appeals; and (6) Jeffrey Beard, former California Department of Corrections and Rehabilitation Secretary. FAC at 1-2. Like the original Complaint, the FAC was filed in the United States District Court for the Eastern District of California. On March 28, 2017, that court transferred the case to this Court because the allegations related to Plaintiffs confinement at Ironwood State Prison in this judicial district. See Dkt. 14.

         In accordance with 28 U.S.C. §§ 1915(e)(2) and 1915A, the Court must screen the FAC to determine whether the action is frivolous or malicious; fails to state a claim on which relief might be granted; or seeks monetary relief against a defendant who is immune from such relief.

         II.

         SUMMARY OF ALLEGATIONS

         Like the original Complaint, the FAC is disjointed and rambling. To the best of the Court's understanding, Plaintiff alleges the following:

. Prison officials falsely accused Plaintiff of something so that his parole hearing would not be advanced;
. Plaintiff is in prison illegally; . The California Parole Board Department is corrupt;
. “Sworn officials” have lied and stolen something from Plaintiff;
. Plaintiff was not subject to any rules violation reports (“RVRs”) during the first eight ...

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