Ronald James Brewer v. Frank Taylor et al

Filing 8

ORDER DISMISSING CASE by Judge Dolly M. Gee, The Court grants Plaintiffs request to dismiss the Complaint. IT IS THEREFORE ORDERED that this action is dismissed. re REQUEST for Judgment 6 , REQUEST for Judgment 7 Case Terminated. Made JS-6. (lmh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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RONALD JAMES BREWER,

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Plaintiff,
v.
FRANK TAYLOR, et al.,
Defendants.

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No. ED CV 11-01346-DMG (VBK)
ORDER FOR VOLUNTARY DISMISSAL

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On September 12, 2011, Ronald James Brewer (hereinafter referred

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to as “Plaintiff”), appearing pro per, filed a Civil Rights Complaint

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pursuant to 42 U.S.C. §1983, pursuant to the Court’s Order re Leave to

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File Action without Prepayment of Full Filing Fee.

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Plaintiff named as Defendants Captain Frank Taylor and Lt. Gay

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Fredrickson in their individual capacities. (Complaint at 2-3.)

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Plaintiff alleges that Defendants were “deliberately indifferent” on

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March 8, 2011 in responding to Plaintiff’s grievances.

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alleges that on March 7, 2011, he lodged a complaint against jail

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officials arguing that the 30-day review of an inmate’s administrative

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segregation placement accorded by the Riverside County Sheriff’s

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department did not comport with due process. (Complaint at ¶ 18.)

Plaintiff

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Plaintiff

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provided within 24 hours of the initial complaint, which is unheard of

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in Plaintiff’s experience with jail grievances, and the response

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references a vague reason (which Plaintiff alludes is a ruse) for

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Plaintiff’s placement in administrative segregation, even though no

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explanation for such placement was sought by Plaintiff in the March 7,

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2011 complaint. (Complaint at ¶ 19.)

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8, 2011, he received a response from Defendant Captain Taylor, which

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was a “cover or a ruse to silence and punish Plaintiff for his

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successful use of the jail’s grievance system.” (Complaint at ¶ 20.)

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Defendant

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Plaintiff’s grievance that “you requested a written response as to

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your

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responded to your grievance dated March 7, 2011, regarding your

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placement in administrative segregation and provided you with the

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reason, thus satisfying your request for a written response.”

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Defendant Captain Taylor stated in his March 8, 2011 decision, to

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suspend Plaintiff’s grievance rights “based on Plaintiff’s repeated

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grievances regarding the same issue.” (Id.)

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privilege was thereafter suspended.

alleges

that

Captain

placement

Defendant

Taylor

in

Lt.

allegedly

administrative

Fredrickson’s

response

was

Plaintiff also alleges on March

asserted

in

segregation.

his

Lt.

response

to

Fredrickson

Id.

Plaintiff’s grievance

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Plaintiff alleges a violation of his rights under the First

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Amendment by jail officials who retaliated against him by using the

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grievance procedure to silence and punish him for his successful use

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of the grievance system to improve jail conditions. (Complaint at p.

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5.)

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On September 16, 2011, the Court issued an Order re Dismissal
with Leave to Amend.
On

October

21,

2011,

Plaintiff
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filed

a

document

entitled

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“Plaintiff Request the Court Enter an Order of Judgment.”

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states that he does not wish to amend the Complaint.

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Plaintiff

On December 20, 2011, Plaintiff filed a document entitled “Re

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Entry of Judgment.”

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dismissing the Complaint.

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Plaintiff requests the Court enter judgment

Pursuant to Fed.R.Civ.P. 41(a)(2), the Court grants Plaintiff’s
request to dismiss the Complaint.
IT IS THEREFORE ORDERED that this action is dismissed.

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DATED: January 23, 2012
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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