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Church v. Naftzger

United States District Court, E.D. California

March 29, 2018

JACK CHURCH, Plaintiff,
v.
J. NAFTZGER, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS FOR PLAINTIFF TO PROCEED ON DUE PROCESS CLAIM AGAINST NAFTZGER IN THE ORIGINAL COMPLAINT, ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED AND FIRST AMENDED COMPLAINT BE STRICKEN FROM THE RECORD (Docs. 1, 9, 13) ORDER DIRECTING THE CLERK OF THE COURT TO ASSIGN A DISTRICT JUDGE TO THIS ACTION

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         On October 19, 2017, the Court issued the first screening order and found that Plaintiff stated a cognizable due process claim against Officer J. Naftzger in the Complaint. (Docs. 1, 10.) That order noted that Plaintiff might be able to correct the deficiencies in his pleading on other claims and gave Plaintiff the choice to either file a first amended complaint correcting deficiencies noted on his other claims, or to advise the Court if he desired to proceed on his due process claim against C/O Naftzger.

         In response, Plaintiff filed the First Amended Complaint. (Doc. 13.) However, instead of attempting to cure the deficiencies noted in the first screening order, Plaintiff identifies C/O Naftzger as the only defendant and states that he wants the FAC to supplement his original Complaint to include a claim against Naftzger for forcing him to work despite knowing that Plaintiff was injured. (Id., p. 3.) For the reasons discussed below, Plaintiff's new claim against Naftzger is not cognizable. Since Plaintiff chose to attempt to add an uncognizable claim, rather than attempt to correct the deficiencies previously identified, the Court presumes that he is unable to cure the deficiencies. Thus, the Court recommends that he should be permitted to proceed on his due process claim against Naftzger as stated in the original complaint, that all other claims and defendants should be dismissed and the First Amended Complaint should be stricken.

         A. Screening Requirement

         The 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, malicious, 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. § 1915A(b)(1), (2); 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).

         Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.” Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989). To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).

         B. Pleading Requirements

         1. Federal Rule of Civil Procedure 8(a)

         “Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions, ” none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. Pro. 8(a). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief . . . .” Fed. R. Civ. Pro. 8(a). “Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512.

         Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its face.'” Iqbal, 556 U.S. at 678, quoting Twombly, 550 U.S. at 555. Factual allegations are accepted as true, but legal conclusions are not. Iqbal. at 678; see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009); Twombly, 550 U.S. at 556-557.

         While “plaintiffs [now] face a higher burden of pleadings facts . . ., ” Al-Kidd v. Ashcroft, 580 F.3d 949, 977 (9th Cir. 2009), the pleadings of pro se prisoners are still construed liberally and are afforded the benefit of any doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). However, “the liberal pleading standard . . . applies only to a plaintiff's factual allegations, ” Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989), “a liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled, ” Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982), and courts are not required to indulge unwarranted inferences, Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). The “sheer possibility that a defendant has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with' a defendant's liability” fall short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949; Moss, 572 F.3d at 969.

         2.Linkage Requirement

         Under the Civil Rights Act (42 U.S.C. § 1983), the complaint must allege an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by Plaintiff. See Monell v. Department of Social Services, 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). The Ninth Circuit has held that “[a] person ‘subjects' another to the deprivation of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). In order to state a claim for relief under section 1983, Plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of Plaintiff's federal rights. Plaintiff's pleading must put each Defendant on notice of Plaintiff's claims against him or her. See Austin v. Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004).

         FINDINGS

         A. The original complaint (Doc. 1)

         Plaintiff alleges that when he was housed at Pleasant Valley State Prison (“PVSP”), J. Naftzger filed a false disciplinary chrono against Plaintiff which resulted in Plaintiff's loss of property, day room activities, use of the telephone, and credits which caused Plaintiff to suffer emotional distress, personal injury, and depression. ...


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