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Jones v. Sherman

United States District Court, E.D. California

November 15, 2019

WILLIAM J. JONES, Plaintiff,
v.
SHERMAN, et al., Defendants.

          FINDINGS AND RECOMMENDATION TO DISMISS ACTION (DOC. 26)

          SHEILA K. OBERTO, .UNITED STATES MAGISTRATE JUDGE

         Clerk of Court to Assign District Judge

         Plaintiff William J. Jones, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. section 1983. In his original complaint, (Doc. 1), as well as in his first and second amended complaints, (Docs. 15, 17), Plaintiff failed to state a cognizable claim for relief. On three occasions, courts provided Plaintiff with the pleading requirements and legal standards for his alleged claims and granted him leave to amend.[1] (Docs. 13, 16, 25.) Despite these opportunities, Plaintiff continues to set forth generalized conclusions instead of specific facts in his third amended complaint. (Doc. 26.) Thus, the Court finds that Plaintiff is unable to cure the deficiencies in his pleading, see Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012), and recommends that this action be DISMISSED.

         SCREENING REQUIREMENT

         The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an 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, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if it lacks a cognizable legal theory or fails to allege sufficient facts to support a cognizable legal theory. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

         PLEADING REQUIREMENTS A. Federal Rule of Civil Procedure 8(a)

         “Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions.” Swierkiewicz v. Sorema N. A., 534 U.S. 506, 513 (2002). 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)(2). “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 (internal quotation marks and citation omitted).

         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) (citing Bell Atl. 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 570). Factual allegations are accepted as true, but legal conclusions are not. Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555).

         The Court construes pleadings of pro se prisoners liberally and affords them the benefit of any doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citation omitted). However, “the liberal pleading standard … applies only to a plaintiff's factual allegations, ” not his legal theories. Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). Furthermore, “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) (internal quotation marks and citation omitted), 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 to state a cognizable claim, and “facts that are merely consistent with a defendant's liability” fall short. Iqbal, 556 U.S. at 678 (internal quotation marks and citation omitted).

         B. Linkage and Causation

         Section 1983 provides a cause of action for the violation of constitutional or other federal rights by persons acting under color of state law. See 42 U.S.C. § 1983. To state a claim under Section 1983, a plaintiff must show a causal connection or link between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff. See Rizzo v. Goode, 423 U.S. 362, 373-75 (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) (citation omitted).

         To state a claim for relief, Plaintiff must link each named defendant with some affirmative act or omission that caused a violation of Plaintiff's federal rights. Plaintiff must clearly identify which defendant he believes is responsible for each violation of his rights and set forth the supporting factual basis for these claims. His complaint must place each defendant on notice of Plaintiff's claims against him or her. See Austin v. Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004).

         DISCUSSION

         In Claim I, Plaintiff alleges that Defendants Sherman, Ibarra, Cribbs, and Reveles “[d]eprived Plaintiff of Due Process, in retaliation for Plaintiff['s] use of the inmate appeal system.” (Doc. 26 at 4-5.) Plaintiff also states that “Defendant Ibarra's unreasonable ...


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