Starr v. CDCR

Filing 71

FINDINGS and RECOMMENDATIONS Recommending That This Action Be Dismissed for Failure to State a Claim 68 OBJECTIONS, IF ANY, DUE WITHIN THIRTY DAYS, signed by Magistrate Judge Gary S. Austin on 9/20/13: Matter referred to Judge Ishii. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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Plaintiff,

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vs.
CDCR,

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Defendant.

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I.

1:11-cv-02108-AWI-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION BE
DISMISSED FOR FAILURE TO STATE A
CLAIM
(Doc. 68.)
OBJECTIONS, IF
THIRTY DAYS

ANY,

DUE

WITHIN

BACKGROUND

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Robin Gillen Starr (APlaintiff@) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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December 22, 2011. (Doc. 1.) On January 23, 2013, the court dismissed the Complaint for

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failure to state a claim and violation of Rules 8(a) and 18(a), with leave to amend. (Doc. 57.)

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On April 12, 2013, Plaintiff filed an Amended Complaint, which is now before the court for

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screening. (Doc. 68.)

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II.

SCREENING REQUIREMENT

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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).

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The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are

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legally Afrivolous 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). ANotwithstanding 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. ' 1915(e)(2)(B)(ii).

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A complaint is required to contain Aa short and plain statement of the claim showing

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that the pleader is entitled to relief . . . .@ Fed. R. Civ. P. 8(a)(2). Detailed factual allegations

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are not required, but A[t]hreadbare recitals of the elements of a cause of action, supported by

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mere conclusory statements, do not suffice.@ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct.

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1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955

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(2007)). While a plaintiff=s allegations are taken as true, courts Aare not required to indulge

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unwarranted inferences,@ Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)

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(internal quotation marks and citation omitted). Plaintiff must set forth Asufficient factual

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matter, accepted as true, to >state a claim to relief that is plausible on its face.=@ Iqbal 556 U.S.

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at 678. While factual allegations are accepted as true, legal conclusions are not. Id. The mere

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possibility of misconduct falls short of meeting this plausibility standard. Id. at 678-79; Moss

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v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009).

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III.

SUMMARY OF AMENDED COMPLAINT

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Plaintiff is presently incarcerated at the California Men’s Colony East in San Luis

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Obispo, California. The events at issue allegedly occurred at the Sierra Conservation Center in

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Jamestown, California, when Plaintiff was incarcerated there. Plaintiff names as defendants the

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State of California, Governor Brown, Kamala Harris, M. Cate (CDCR Director), Warden

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Gipson, CCI Scott, Associate Warden Fields, Saltowitz (LCSW), Frank Chavez, Captain

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Siebert, and Warden Valenzuela.

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Plaintiff alleges that on October 17, 2007, he was falsely placed under arrest for

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possession of narcotics.

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arrested. Plaintiff seeks to bring a class action for an unlimited number of John Doe plaintiffs,

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based on for illegal sentences, heavy penalties, and false enhancements. Plaintiff alleges that

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he and all inmates at Corcoran State Prison were subject to torture and mail violations.

Plaintiff alleges that co-Plaintiff Donald Roots was also falsely

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Plaintiff alleges that while in administrative segregation, he was deprived of his liberty for no

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reason. Plaintiff alleges that he went to ICC and talked to Associate Warden Fields who said to

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turn in paperwork for release from prison. Plaintiff claims he is being illegally imprisoned,

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denied due process and equal protection, and had his property stolen.

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Plaintiff requests declaratory and injunctive relief, and monetary damages.
III.

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PLAINTIFF’S CLAIMS
The Civil Rights Act under which this action was filed provides:

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Every person who, under color of [state law] . . . subjects, or
causes to be subjected, any citizen of the United States . . . to the
deprivation of any rights, privileges, or immunities secured by
the Constitution . . . shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for
redress.

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42 U.S.C. ' 1983. ASection 1983 . . . creates a cause of action for violations of the federal

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Constitution and laws.@ Sweaney v. Ada County, Idaho, 119 F.3d 1385, 1391 (9th Cir. 1997)

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(internal quotations omitted). ATo the extent that the violation of a state law amounts to the

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deprivation of a state-created interest that reaches beyond that guaranteed by the federal

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Constitution, Section 1983 offers no redress.@ Id.

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To state a claim under section 1983, a plaintiff must allege that (1) the defendant acted

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under color of state law and (2) the defendant deprived him of rights secured by the

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Constitution or federal law. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir.

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2006). AA person >subjects= another to the deprivation of a constitutional right, within the

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meaning of section 1983, if he does an affirmative act, participates in another=s affirmative acts,

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or omits to perform an act which he is legally required to do that causes the deprivation of

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which complaint is made.@ Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). AThe

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requisite causal connection can be established not only by some kind of direct, personal

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participation in the deprivation, but also by setting in motion a series of acts by others which

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the actors knows or reasonably should know would cause others to inflict the constitutional

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injury.@ Johnson at 743-44).

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///
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Plaintiff brings a myriad of unrelated claims in the Amended Complaint, including

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challenges to his arrest and conviction, interference with mail, torture, deliberate indifference to

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unsafe conditions, harassment, and violation of due process and equal protection. The court

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finds Plaintiff’s allegations to be vague and conclusory.

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allegations against any of the defendants sufficient to state any cognizable claim under §1983.

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Iqbal, 556 U.S. at 679; Twombly, 550 U.S. at 555.1

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V.

Plaintiff fails to make factual

CONCLUSION AND RECOMMENDATIONS

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For the reasons set forth above, the Court finds that Plaintiff fails to state any

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cognizable claims in the Amended Complaint upon which relief may be granted under ' 1983.

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The Court also finds that the deficiencies outlined above are not capable of being cured by

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amendment, and therefore further leave to amend should not be granted.

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1915(e)(2)(B)(ii); Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff was

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previously granted leave to amend the complaint, with ample guidance by the court, and

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Plaintiff has now filed two complaints that fail to state any cognizable claims.

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Based on the foregoing, IT IS HEREBY RECOMMENDED that:

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28 U.S.C. '

relief may be granted under ' 1983; and

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This action be DISMISSED in its entirety for failure to state a claim upon which

2.

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This dismissal be subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011).

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These findings and recommendations are 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 thirty

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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. Such a document should be captioned "Objections to Magistrate

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Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections

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Habeas relief is not available in a § 1983 action. See Wilkinson v. Dotson, 544 U.S. 74, 81-2, 125 S.Ct.
1242, 1248 (2005) (A[A] state prisoner=s ' 1983 action is barred (absent prior invalidation) - no matter the relief
sought (damages or equitable relief), no matter the target of the prisoner=s suit (state conduct leading to conviction
or internal prison proceedings) - if success in that action would necessarily demonstrate the invalidity of
confinement or its duration.@)
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within the specified time may waive the right to appeal the District Court's order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

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September 20, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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