White et al v. Valarie

Filing 37

FINDINGS and RECOMMENDATIONS, Recommending that that this Action be Dismissed, with Prejudice, for Failure to State a Claim 32 , signed by Magistrate Judge Gary S. Austin on 7/10/13. Referred to Judge Ishii; 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HORTENSE WHITE,

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Plaintiff,

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1:13-cv-00157-AWI-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION
BE DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(Doc. 32.)

vs.
TRENONE VALARIE, et al.,

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Defendants.

OBJECTIONS, IF ANY, DUE WITHIN
THIRTY DAYS

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I.

BACKGROUND

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Hortense White (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on

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November 26, 2012, at the United States District Court for the Eastern District of Pennsylvania,

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as case 12-6599.

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Pennsylvania consolidated case 12-6599 [White v. Valarie] with case 12-6885 [White v.

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Central California Women’s Facility], and transferred the consolidated action to the United

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States District Court for the Eastern District of California. (Doc. 8.)

(Doc. 1.)

On January 31, 2013, the court for the Eastern District of

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On April 26, 2013, the court dismissed Plaintiff’s complaint for failure to state a claim,

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with leave to amend. (Doc. 31.) On May 8, 2013, Plaintiff filed an amended complaint, which

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is now before the court for screening. (Doc. 32.)

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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.

PLAINTIFF’S AMENDED COMPLAINT

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Plaintiff is presently incarcerated at the California Institute for Women in Corona,

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California. It appears that Plaintiff claims arose at the Central California Women’s Facility in

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Chowchilla, California, when Plaintiff was incarcerated there.

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Plaintiff’s ten-page form Amended Complaint is rambling and incoherent, and fails to

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state any cognizable claims under federal law. Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at

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555. The Court cannot decipher Plaintiff’s allegations or determine who the defendants are.

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For example, a portion of Plaintiff’s “Facts” follow:

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“... types position and to get them by of to do what even made rigged gadgets, in
hugee monies(s); miama of divines into using victorious insensible in hated, of
waited until court had given a new date say and done, But long periodical time
into what’s going on in law cried, I of September 2 (illegible) 2014, forth
discharge of certificate for unintelligence of (illegible) months and dropped as
finished; completed? Where of historic to having a prisoners record, and whats
to two or twice in july for terrorism threat, for 2 yrs 9 mos then came back of
eleven mo’s later However charge in Great Bodily injury for appropriately 10
yrs and eighty five percent until I was to parole ...”

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Amended Cmp. at 4. The remainder of the Amended Complaint is similarly incoherent.

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IV.

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RULE 8(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE

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Under federal notice pleading, a complaint is required to contain Aa short and plain

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statement of the claim showing that the pleader is entitled to relief . . . .@ Fed. R. Civ. P.

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8(a)(2). While a plaintiff=s allegations are taken as true, courts Aare not required to indulge

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unwarranted inferences.@ Wal-Mart Stores, 572 F.3d at 681 (internal quotation marks and

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citation omitted). Plaintiff must set forth Asufficient factual matter, accepted as true, to >state a

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claim to relief that is plausible on its face.=@ Iqbal 556 U.S. at 678.

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Plaintiff’s complaint fails to comport with Rule 8(a)'s instruction that the complaint is

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only required to contain a “statement of the claim showing that the pleader is entitled to relief.@

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Plaintiff=s narrative does not allege facts against any defendant. Although the Federal Rules

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adopt a flexible pleading policy, a complaint must give fair notice and state the elements of the

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claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir.

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1984). Plaintiff has not alleged with any degree of particularity overt acts which defendants

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engaged in that support any claim. Therefore, the complaint should be dismissed for failure to

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state a claim.

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V.

CONCLUSION AND RECOMMENDATIONS

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The Court finds that Plaintiff=s Amended Complaint fails to state any claims upon

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which relief may be granted under ' 1983 against any defendant. In this action, the Court

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previously granted Plaintiff an opportunity to amend the complaint, with ample guidance by the

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Court. Plaintiff has now filed two complaints without alleging facts against any defendant
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which state a claim under ' 1983. The Court finds that the deficiencies outlined above are not

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capable of being cured by amendment, and therefore further leave to amend should not be

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granted. 28 U.S.C. ' 1915(e)(2)(B)(ii); Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000).

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Therefore, IT IS HEREBY RECOMMENDED that pursuant to 28 U.S.C. ' 1915A

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and 28 U.S.C. ' 1915(e), this action be dismissed, with prejudice, for failure to state a claim

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upon which relief may be granted under ' 1983, and that this dismissal be subject to the Athree-

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strikes@ provision set forth in 28 U.S.C. ' 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th

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Cir. 2011).

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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 Title 28 U.S.C. ' 636(b)(l). Within

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thirty (30) days after being served with these Findings and Recommendations, Plaintiff may

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file written objections with the court. The document should be captioned AObjections 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 (9th Cir. 1991).

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IT IS SO ORDERED.
Dated:

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July 10, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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