Williams v. Sullivan et al

Filing 22

FINDINGS and RECOMMENDATIONS Recommending Dismissing Action for Failure to State a Claim 20 , signed by Magistrate Judge Gerald B. Cohn on 11/29/11. Referred to Judge O'Neill. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEVEN WILLIAMS,

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Plaintiff,

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CASE NO. 1:09-cv-00062-LJO-GBC (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING ACTION
FOR FAILURE TO STATE A CLAIM

v.
W. J. SULLIVAN, et al.,

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Doc. 20

Defendant.

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/

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I.

Procedural History

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Plaintiff Steven Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on
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January 12, 2009. Doc. 1. On July 23, 2009, the Court dismissed Plaintiff’s complaint for failure
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to state a claim and granted plaintiff leave to amend. Doc. 10. On September 8, 2009, Plaintiff filed
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a first amended complaint. Doc. 15. On October 1, 2009, Plaintiff filed a second amended
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complaint. Doc. 17. On October 23, 3009, the Court dismissed Plaintiff’s complaint for failure to
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state a claim and gave Plaintiff leave to amend. Doc. 19. On November 18, 2009, Plaintiff filed the
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third amended complaint which is currently before the Court. Doc. 20.
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II.

Screening

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A.

Screening Standard

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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall

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dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a

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claim upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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“‘Under § 1915A, when determining whether a complaint states a claim, a court must accept

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as true all allegations of material fact and must construe those facts in the light most favorable to the

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plaintiff.’” Hamilton v. Brown, 630 F.3d 889. 892-93 (9th Cir. 2011) (quoting Resnick v. Warden

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Hayes, 213 F.3d 443, 447 (9th Cir.2000). “‘Additionally, in general, courts must construe pro se

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pleadings liberally.’” Id. A complaint, or portion thereof, should only be dismissed for failure to

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state a claim upon which relief may be granted “if it is clear that no relief could be granted under any

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set of facts that could be proved consistent with the allegations.” See Hishon v. King & Spalding,

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467 U.S. 69, 73 (1984) (citing Conley v. Gibson, 355 U.S. 41, 45-46 (1957)); see also Synagogue

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v. United States, 482 F.3d 1058, 1060 (9th Cir. 2007); NL Industries, Inc. v. Kaplan, 792 F.2d 896,

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898 (9th Cir. 1986). In determining whether to dismiss an action, the Court must accept as true the

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allegations of the complaint in question, and construe the pleading in the light most favorable to the

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plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421-22

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(1969); Daniels-Hall v. National Educ. Ass’n, 629 F.3d 992, 998 (9th Cir. 2010).

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B.

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Plaintiff is incarcerated at High Dessert State Prison in Susanville California and is suing

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under section 1983 for events which occurred while at Tehachapi State Prison (“TSP”) in Tehachapi,

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California. Doc. 20. In his third amended complaint Plaintiff names C. Moats (business manager)

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and K. Braley (finance technician who Moats supervised) as defendants (“Defendants”). Doc. 20.

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Plaintiff alleges that Defendants prevented Plaintiff from being able to purchase basic

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necessities for life, health and hygiene. Doc. 20 at 4-5. According to Plaintiff, Defendants violated

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his rights by falsely applying charges to his trust account and refusing to remove the false charges

Plaintiff’s Complaint

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as punishment for Plaintiff’s litigation and that such retaliatory false charges persisted for three years

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until Plaintiff was transferred to another prison. Doc. 20 at 5. As a result of Defendants’ actions

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Plaintiff suffers from a “barrage fo ailments.” Doc. 20 at 5.

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According to Plaintiff, Defendant Moats was ordered to remove the “fictitious delineations”

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which no longer applied to Plaintiff’s account dated October 11, 2007. Doc. 20 at 3. The

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“Defendant chose a course of action arbitrarily and capricious[ly] in procuring a retaliatory act in bad

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faith under the color of authority which did not advance any penological interest.” Doc. 20 at 3.

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Plaintiff further states: “[This violated] my First Amendment rights to be free from infringement,

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Defendant even omitted this in state court proceeding intentionally misleading the judge as Malone

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did in Rhodes. Supra. Thus leaving Plaintiff no alternative but to file this action.” Doc. 20 at 3.

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Plaintiff alleges that Defendant Moats created an “impermissibly arbitrary classification by

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distinguishing between prisoners who must pay and not pay on her own volition with no legitimate

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penological justification.” Doc. 20 at 3-4. Plaintiff argues that he has “fictitious amounts attached

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to what he is entitled to pay, thus . . . creat[ing] a ghost rule arbitrarily after being order to remove

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it.” Doc. 20 at 4.

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Plaintiff reiterates the abovementioned allegations against Defendant Braley, stating that

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Defendant Braley was also ordered to remove the “fictitious delineations” from his account. Doc.

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20 at 4.

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C.

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Plaintiff fails to state a claim upon which relief may be granted due to the conclusory nature

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of Plaintiff’s allegations. See e.g., Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949-51 (2009); McKeever v.

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Block, 932 F.2d 795, 798 (9th Cir. 1991); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).

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Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of

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action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S.Ct. 1937,

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1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65

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(2007)). “[P]laintiffs [now] face a higher burden of pleadings facts . . ,” Al-Kidd v. Ashcroft, 580

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F.3d 949, 977 (9th Cir. 2009), and while a plaintiff’s allegations are taken as true, courts “are not

Analysis

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required to indulge unwarranted inferences,” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th

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Cir. 2009) (internal quotation marks and citation omitted).

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In this instance, Plaintiff merely recites the elements of retaliation and makes the conclusory

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allegation that Defendants Moat and Braley were responsible for false charges on his prison account

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for the purpose of retaliating against him for litigating. Plaintiff fails to allege any facts that would

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demonstrate that the Defendants knew of Plaintiff’s litigation and thus Plaintiff fails to state a

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retaliation claim upon which relief can be granted under section 1983. Further, Plaintiff was

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provided with two opportunities to amend the complaint and it is apparent that further amendment

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could not correct the defects of his action. See Fidelity Financial Corp. v. Federal Home Loan Bank

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of San Francisco, 792 F.2d 1432, 1438 (9th Cir. 1986) (The “court's discretion to deny leave to

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amend is particularly broad where the court has already given the plaintiff an opportunity to amend

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his complaint”).

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III.

Conclusion and Recommendation
Plaintiff fails to state a claim upon which relief can be granted under section 1983. Plaintiff

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was provided with two opportunities to amend the complaint and it is apparent that further
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amendment could not correct the defects of his action.

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For the above reasons, IT IS HEREBY RECOMMENDED that:

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1.

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Plaintiff’s action be DISMISSED WITH PREJUDICE for failure to state a claim
upon which relief can be granted under section 1983; and

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The Clerk’s Office be ordered to enter judgment and close the case.

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These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15)

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned "Objections to Magistrate Judge's

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Findings and Recommendations." Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d
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1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
0jh02o

November 29, 2011
UNITED STATES MAGISTRATE JUDGE

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