Paredez v. Yates et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of Certain Claims and Defendants; Objections, if any, Due within Twenty-One Days signed by Magistrate Judge Dennis L. Beck on 10/3/2011. Referred to Judge Anthony W. Ishii. Objections to F&R due by 10/28/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD PAREDEZ,
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Plaintiff,
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CASE NO. 1:10-CV-01672-AWI-DLB PC
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
CERTAIN CLAIMS AND DEFENDANTS
v.
JAMES YATES, et al.,
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(DOC. 11)
Defendants.
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OBJECTIONS, IF ANY, DUE WITHIN
TWENTY-ONE DAYS
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I.
Background
Plaintiff Richard Paredez (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C.§ 1983. Plaintiff initiated this
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action by filing his complaint on September 15, 2010. Doc. 1. On May 6, 2011, the Court
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screened Plaintiff’s complaint and found that it stated a cognizable retaliation claim against
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Defendant Ramirez, but failed to state any other claims. Doc. 9. Plaintiff was provided the
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opportunity to either file a first amended complaint or notify the Court of his willingness to
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proceed only against Defendant Ramirez. On May 31, 2011, Plaintiff filed his first amended
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complaint. Doc. 11.
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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
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legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or
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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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§ 1915A(b)(1),(2). “Notwithstanding any filing fee, or any portion thereof, that may have been
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paid, the court shall dismiss the case at any time if the court determines that . . . the action or
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appeal . . . fails to state a claim upon which relief may be granted.” 28 U.S.C. §
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1915(e)(2)(B)(ii).
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A complaint must contain “a short and plain statement of the claim showing that the
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pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing
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Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient factual
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matter, accepted as true, to ‘state a claim that is plausible on its face.’” Id. (quoting Twombly,
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550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
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II.
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Summary Of First Amended Complaint
Plaintiff was previously incarcerated at Pleasant Valley State Prison (“PVSP”) in
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Coalinga, California, where the events giving rise to this action occurred. Plaintiff names as
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Defendants: warden James Yates, and correctional officers M. Hernandez, Phealon, John Doe,
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and Ramirez.
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Plaintiff alleges the following. Defendant Yates was aware of numerous inmate
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grievances filed against Defendant Hernandez and failed to act by minimizing Defendant
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Hernandez’s contact with inmates. Am. Compl. 3A-B. On August 7, 2009, Defendant
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Hernandez forced Plaintiff out of his assigned cell and to Plaintiff’s knees. Id. at 3C. A cell
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search was conducted, during which Defendant Hernandez threatened Plaintiff and his cell mate
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for disrespecting Defendant Hernandez’s first watch officer. Id. at 3D. Defendant Hernandez
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swept Plaintiff’s property onto the floor, including a bowl of soup onto Plaintiff’s personal
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property. Id. Plaintiff sat on his knees and handcuffed behind his back. Id. Defendant
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Hernandez grabbed Plaintiff by his wrist and lifted him to his feet, bending the wrist until
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Plaintiff moaned in pain. Id. He then shoved Plaintiff into the cell. Id. Plaintiff contends that
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his left wrist was swollen and had scarring. Id. at 3B. Plaintiff also contends that he suffered
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psychological and mental injury. Id. at 3F. Defendant Hernandez placed Plaintiff and his cell
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mate on CTQ (confined to quarters) status. Id. at 3G-3H. Defendant Phealon witnessed
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Defendant Hernandez’s alleged use of excessive force and failed to act. Id. at 3I-3J. Defendant
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John Doe was the watch tower officer who opened Plaintiff’s cell door to allow Defendants
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Hernandez and Phealon to act. Id. at 3K-3L. Defendant John Doe did not act to prevent
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excessive force, and did not allow Plaintiff to leave his CTQ without prior approval from the A-
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yard captain. Id. at 3L. Plaintiff was not permitted to seek medical attention for his alleged
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injuries because of the CTQ. Id. at 3M.
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On August 10, 2009, Defendant Ramirez was packing Plaintiff’s property and found a
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grievance written by Plaintiff concerning being wrongfully placed on CTQ by Defendant
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Hernandez. Id. at 3N. Defendant Ramirez removed the grievance from Plaintiff’s property and
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shoved it into Defendant’s open shirt. Id. Defendant handcuffed Plaintiff and escorted him to
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counselor’s office. Id. There, correctional officers B. Davis and John Doe 2 yelled at Plaintiff
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and attempted to get Plaintiff to lie and say that Plaintiff and his cell mate owed money. Id. at
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3O. Plaintiff refused, and Defendant Ramirez became angry. Id. Defendant Ramirez asked why
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Plaintiff was trying to take down his partner (presumably, Defendant Hernandez). Id. Defendant
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Ramirez told Plaintiff that he would not come back to the yard if he stated that he owed money.
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Id. Plaintiff refused, at which point Defendant Ramirez informed Plaintiff that his life was going
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to be hell on this yard and that Plaintiff could not file his 602 grievance. Id.
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Defendant Ramirez told Plaintiff Defendant Hernandez would return tomorrow to handle
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Plaintiff personally. Id. Defendant then secured Plaintiff in the C-section shower for 3 hours
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during the night dayroom program, while leaving Plaintiff’s cell door open. Id. Because
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Plaintiff was afraid for his life, he took a razor to his wrist to attempt suicide in order to be
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removed from the cell before Defendant Hernandez returned. Id.
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Plaintiff requests as relief monetary damages for past and future pain and suffering,
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including shame, humiliation, emotional distress, mental distress, and for the use of excessive
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force.
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///
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III.
Analysis
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A.
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“What is necessary to show sufficient harm for purposes of the Cruel and Unusual
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Punishments Clause [of the Eighth Amendment] depends upon the claim at issue . . . .” Hudson
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v. McMillian, 503 U.S. 1, 8 (1992). “The objective component of an Eighth Amendment claim is
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. . . contextual and responsive to contemporary standards of decency.” Id. (internal quotation
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marks and citations omitted). The malicious and sadistic use of force to cause harm always
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violates contemporary standards of decency, regardless of whether or not significant injury is
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evident. Id. at 9; see also Oliver v. Keller, 289 F.3d 623, 628 (9th Cir. 2002) (Eighth
Eighth Amendment - Excessive Force
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Amendment excessive force standard examines de minimis uses of force, not de minimis
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injuries). However, not “every malevolent touch by a prison guard gives rise to a federal cause
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of action.” Hudson, 503 U.S. at 9. “The Eighth Amendment’s prohibition of cruel and unusual
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punishments necessarily excludes from constitutional recognition de minimis uses of physical
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force, provided that the use of force is not of a sort repugnant to the conscience of mankind.” Id.
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at 9-10 (internal quotations marks and citations omitted).
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Plaintiff fails to state a claim against Defendant Hernandez. The alleged force used by
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Defendant Hernandez in this instance is at most de minimis. “A prison official can violate a
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prisoner’s Eighth Amendment rights by failing to intervene.” Robins v. Meecham, 60 F.3d 1436,
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1442 (9th Cir. 1995). Plaintiff fails to state a claim against Defendants Phealon and Doe. First,
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Plaintiff has not sufficiently alleged that the use of force here was excessive. Second, Plaintiff
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fails to allege facts which indicate Defendants Phealon and Doe had the opportunity to intervene.
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B.
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Plaintiff contends that Defendant John Doe did not allow Plaintiff seek medical care for
Eighth Amendment - Medical Care
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his swollen wrist. The Eighth Amendment prohibits cruel and unusual punishment. “The
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Constitution does not mandate comfortable prisons.” Farmer v. Brennan, 511 U.S. 825, 832
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(1994) (quotation and citation omitted). A prisoner’s claim of inadequate medical care does not
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rise to the level of an Eighth Amendment violation unless (1) “the prison official deprived the
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prisoner of the ‘minimal civilized measure of life’s necessities,’” and (2) “the prison official
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‘acted with deliberate indifference in doing so.’” Toguchi v. Chung, 391 F.3d 1051, 1057 (9th
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Cir. 2004) (quoting Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir. 2002) (citation omitted)).
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The deliberate indifference standard involves an objective and a subjective prong. First, the
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alleged deprivation must be, in objective terms, “sufficiently serious . . . .” Farmer, 511 U.S. at
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834 (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)). Second, the prison official must “know[]
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of and disregard[] an excessive risk to inmate health or safety . . . .” Id. at 837.
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Plaintiff fails to allege a sufficiently serious harm, and thus fails to state a claim against
John Doe for denial of medical care.
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C.
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Supervisory Liability
Plaintiff names warden Yates as a Defendant, based on a theory of supervisory liability.
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The term “supervisory liability,” loosely and commonly used by both courts and litigants alike, is
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a misnomer. Iqbal, 129 S. Ct. at 1949. “Government officials may not be held liable for the
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unconstitutional conduct of their subordinates under a theory of respondeat superior.” Id. at
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1948. Rather, each government official, regardless of his or her title, is only liable for his or her
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own misconduct. When the named defendant holds a supervisory position, the causal link
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between the defendant and the claimed constitutional violation must be specifically alleged. See
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Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th
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Cir. 1978). To state a claim for relief under § 1983 for supervisory liability, Plaintiff must allege
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some facts indicating that the defendant either: personally participated in the alleged deprivation
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of constitutional rights; knew of the violations and failed to act to prevent them; or promulgated
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or “implemented a policy so deficient that the policy ‘itself is a repudiation of constitutional
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rights’ and is ‘the moving force of the constitutional violation.’” Hansen v. Black, 885 F.2d 642,
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646 (9th Cir. 1989) (internal citations omitted); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.
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1989).
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Because Plaintiff fails to allege an excessive force claim against Defendant Hernandez, he
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also fails to state a claim against Defendant Yates on a theory of supervisory liability. Plaintiff
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has not alleged facts which demonstrate Defendant Yates had knowledge of an underlying
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constitutional violation against Plaintiff and failed to act.
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D.
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Prisoners have a constitutional right to file inmate grievances. Brodheim v. Cry, 584 F.3d
First Amendment - Inmate Grievance
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1262, 1269 (9th Cir. 2009) (citing Rhodes v. Robinson, 408 F.3d 559, 566 (9th Cir. 2005), and
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Bruce v. Ylst, 351 F.3d 1283, 1288 (9th Cir. 2003)). Here, Plaintiff alleges that Defendant
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Hernandez and Doe prevented Plaintiff from filing an inmate grievance by placing him on CTQ
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status. Plaintiff has not sufficiently alleged a claim. Plaintiff fails to allege sufficient facts which
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indicate that Defendants Hernandez and Doe prevented Plaintiff from filing an inmate grievance
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regarding this issue. Being placed on CTQ appears to be a temporary status, and it is not clear if
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CTQ status would prevent Plaintiff from filing his grievance.
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Plaintiff does state a cognizable First Amendment claim against Defendant Ramirez.
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Plaintiff alleges that Defendant Ramirez told him that he could not file a grievance against
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Defendant Hernandez, and that Defendant Hernandez would be in to work the next day to handle
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Plaintiff personally. Defendant Ramirez also allegedly took Plaintiff’s inmate grievance from his
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property. This is sufficient to allege a chilling effect on Plaintiff’s right to file an inmate
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grievance. Rhodes, 408 F.3d at 567.
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IV.
Conclusion And Recommendation
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Based on the foregoing, it is HEREBY RECOMMENDED that:
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1.
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Amendment by denying Plaintiff the right to file an inmate grievance;
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This action proceed against Defendant Ramirez for violation of the First
Plaintiff’s claims against Defendants Yates, Hernandez, Phealon, and John Doe
are dismissed for failure to state a claim upon which relief may be granted; and
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Defendants Yates, Hernandez, Phealon, and John Doe be dismissed from this
action.
These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-
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one (21) days after being served with these Findings and Recommendations, the Plaintiff may
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file written objections with the Court. The document should be captioned “Objections to
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Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file
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objections within the specified time may waive the right to appeal the District Court’s order.
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Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
3b142a
October 3, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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