Cejas v. Myers, et al.
Filing
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ORDER ADOPTING 52 FINDINGS and RECOMMENDATIONS and DISMISSING Certain Claims signed by District Judge Anthony W. Ishii on 4/9/2015. Defendants shall file a responsive pleading within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDREW A. CEJAS,
Plaintiff,
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vs.
W.K. MYERS, et al.,
Defendants.
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1:12cv00271 AWI DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(Doc. 52)
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Plaintiff Andrew Cejas (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 28 U.S.C. § 1983.
After the Court granted Defendants’ motion to dismiss in part, Plaintiff filed his Third
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Amended Complaint on December 11, 2014. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On January 27, 2015, the Magistrate Judge issued Findings and Recommendations that
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this action go forward on Plaintiff’s First Amendment claim, and that his Fourteenth Amendment
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claim be dismissed. The Findings and Recommendations were served on the parties and
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contained notice that any objections were to be filed within thirty (30) days. Plaintiff filed
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objections on February 19, 2015, and Defendants replied to those objections on March 5, 2015.
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Defendants filed objections on February 26, 2015, and Plaintiff replied to the objections on
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March 13, 2015.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
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a de novo review of this case. Having carefully reviewed the entire file, including the parties’
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objections and replies, the Court finds that the Findings and Recommendations are supported by
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the record and proper analysis.
Plaintiff’s objections simply disagree with the Magistrate Judge’s finding that Plaintiff
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failed to support his Fourteenth Amendment claim with sufficient facts. Specifically, the Court
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explained that although Plaintiff alleged that Defendants acted “intentionally,” and with a
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“discriminatory purpose,” he failed to support his legal conclusions with facts plausibly showing
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that Defendants discriminatorily prohibited Buddhists from accessing the chapel. ECF No. 52, at
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Indeed, as the Magistrate Judge noted, the Court is not obligated to accept as true
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“threadbare recitals of a cause of action’s elements, supported by mere conclusory statements.”
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Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). In his objections, Plaintiff argues that he has shown
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a discriminatory intent and/or motive through circumstantial evidence. He points to
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memorandums attached to his Third Amended Complaint, but those memorandums are facially
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neutral, and simply set forth the prison’s procedures for accommodating a Muslim holiday and
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Jewish Friday Shabbat services. ECF No. 51, at 45-52, 54. While circumstantial evidence may
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be relied upon in certain circumstances, Plaintiff’s evidence does not, in any way, suggest a
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discriminatory intent.
Defendants object only to the finding of a cognizable claim against Defendants Van Leer,
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Foston and Pimentel.1 These Defendants reviewed and denied two of Plaintiff’s grievances at
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the third level of review, and the Court found that Plaintiff stated a claim against them on this
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basis.
Defendants argue, however, that “formulaic recitations” that Defendants could correct the
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deficiency are insufficient to state a claim. ECF No. 54, at 1. Defendants are correct that
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generally, ruling against a prisoner on an administrative complaint does not cause or contribute
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to the violation. George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007). Defendants are also
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Defendants Van Leer, Foston and Pimentel do not work at Pleasant Valley State Prison.
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correct that in certain circumstances, a claim can be stated against an appeal reviewer who “has
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the role, resources and responsibility to correct the violations.” ECF No. 54, at 3. Defendants
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contend that, unlike an Eighth Amendment claim, administrative review of a First Amendment
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claim does not cause or contribute to the underlying violation. Rather, to state a First
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Amendment claim, Plaintiff was required to show that prison officials substantially burdened the
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practice of his religion by preventing him from engaging in conduct which he sincerely believes
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is consistent with his faith.
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In this regard, Defendants argue that Plaintiff cannot make such a showing against
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Defendants Van Leer, Foston and Pimentel because he cannot show that they had any knowledge
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of the alleged violations at the time they occurred, or participated in the alleged violations at
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Pleasant Valley State Prison. However, Plaintiff’s allegations that Defendants Foston, Van Leer
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and Pimentel knew of the violations and were in a position to correct them, when considered in
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light of the fact that Plaintiff has stated a claim for the underlying First Amendment violation,
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are sufficient to state a claim under the liberal screening rules. See, e.g., Shabazz v. Giurbino,
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2014 WL 4344368, *4 (E.D. Cal. 2014) (recognizing a claim of infringement upon free exercise
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rights in violation of the First Amendment against defendants whose only role in the violation
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was allegedly failing to remedy the violation when presented to them in an administrative
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appeal). At this time, it is premature to determine whether Plaintiff’s claims fail as a matter of
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law.
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Accordingly, IT IS HEREBY ORDERED that:
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FULL;
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Plaintiff’s Fourteenth Amendment claim is DISMISSED WITHOUT LEAVE TO
AMEND; and
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This action SHALL proceed on the First Amendment claim against Defendants
Myers, McGee, Fisher, Trimble, Foston, Van Leer and Pimentel;
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The Findings and Recommendations, dated January 27, 2015, are ADOPTED IN
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Defendants SHALL file a responsive pleading within thirty (30) days of the date
of service of this order.
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IT IS SO ORDERED.
Dated: April 9, 2015
SENIOR DISTRICT JUDGE
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