Lopez-Valle v. California City Correctional Facility

Filing 12

ORDER DISMISSING Complaint and GRANTING Plaintiff LEAVE to File an Amended Complaint, signed by Magistrate Judge Gary S. Austin on 3/17/2015. Amended Complaint Due In Thirty Days. (Attachments: # 1 Amended Complaint Form)(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:13-cv-00338- AWI GSAPC

ANTONIO LOPEZ-VALLE,

ORDER DISMISSING COMPLAINT AND
GRANTING PLAINTIFF LEAVE TO FILE
AN AMENDED COMPLAINT

vs.
CALIF. CITY CORR. FACILITY,

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Defendant.

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AMENDED COMPLAINT DUE
IN THIRTY DAYS

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I.

Screening Requirement
Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil

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Rights action pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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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 “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.”

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1915(e)(2)(B)(ii).

28 U.S.C. §

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“Rule 8(a)’s simplified pleading standard applies to all civil actions, with limited

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exceptions,” none of which applies to section 1983 actions. Swierkewicz v. Sorema N.A., 534

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U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain “a

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short and plain statement of the claim showing that the pleader is entitled to relief . . .” Fed.

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R.Civ. P. 8(a). “Such a statement must simply give the defendant fair notice of what the

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plaintiff’s claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512.

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However, “the liberal pleading standard . . . . applies only to a plaintiff’s factual allegations.”

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Nietze v. Williams, 490 U.S. 319, 330 n. 9 (1989). “[A] liberal interpretation of a civil rights

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complaint may not supply essential elements of the claim that were not initially pled.” Bruns v.

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Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997)(quoting Ivey v.Bd. of Regents,

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673 F.2d 266, 268 (9th Cir. 1982)).

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II.

Plaintiff’s Claims

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Plaintiff, an inmate in the custody of the U.S. Bureau of Prisons at the Dalby

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Correctional Facility in Post, Texas, brings this civil rights action against the California City

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Correctional Facility, where Plaintiff was housed at the time of the events complained of.

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Plaintiff’s claim stems from the deliberate loss of his legal property.

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Plaintiff alleges that on June 23, 2012, “while possessing legal material pertaining to his

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criminal case in the California City Correctional Facility,” his legal material was confiscated.

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Plaintiff alleges that after he was questioned by Correctional Officers, his material was

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confiscated. Plaintiff was transferred to his current facility without his materials.

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Plaintiff does not specifically articulate his particular claim. Plaintiff does refer to a

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criminal case. To the extent that Plaintiff is seeking a challenge which could entitle him to an

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earlier release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411

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U.S. 475 (1973); Young v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied, 498 U.S. 1126

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(1991).

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To the extent that Plaintiff is seeking to challenge the destruction of personal property,

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he is advised that while an authorized, intentional deprivation of property is actionable under

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the Due Process Clause, see Hudson v. Palmer,468 U.S. 517, 532, n.13 (1984)(citing Logan v.

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Zimmerman Brush Co., 455 U.S. 435-36 (1982)); Quick v. Jones, 754 F.2d 1521, 1524 (9th Cir.

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1985), “[a]n unauthorized intentional deprivation of property by a state employee does not

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constitute a violation of the procedural requirements of the Due Process Clause of the

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Fourteenth Amendment if a meaningful post-deprivation remedy for the loss is available.”

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Hudson, 468 U.S. at 533.
California law provides an adequate post-deprivation remedy for any property

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deprivations. See Ca. Gov’t Code §§ 810-895; Barnett v. Centoni, 31 F.3d 813, 816-17 (9th

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Cir. 1994). California’s Tort Claims Act requires that a tort claim against a public entity or its

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employees be presented to the California Victim Compensation and Government Claims Board,

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formerly known as the State Board of Control, no more than six months after the cause of

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action accrues. Cal. Gov’t Code §§ 905.2, 910, 911.2, 945.4, 950-950.2 (West 2006).

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Presentation of a written claim, and action on or rejection of the claim are conditions precedent

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to the suit. State v. Superior Court of Kings County Bodde, 32 Cal. 4th 1243, 1245 (2004);

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Mangold v. California Pub. Utils. Comm’n, 67 F.3d 1470, 1477 (9th Cir. 1995). To state a tort

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claim against a public employee, a plaintiff must allege compliance with the Tort Claims Act.

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State v. Superior Court, 32 Cal.4th at 1245; Mangold, 67 F.3d at 1477.

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To the extent that Plaintiff alleges the confiscation of his property was unauthorized and

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intentional, Plaintiff’s remedy would be found under California law. Plaintiff fails to show

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compliance with the California Tort Claims Act, and therefore his property claim is not

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cognizable under federal or state law.

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To the extent that Plaintiff is claiming that he was denied access to the courts, Plaintiff
must allege some conduct on behalf of an individual that indicates Plaintiff suffered actual

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injury. Supreme Court precedent a provides that all inmate claims for interference with access

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to the court include “actual injury” as an element. Casey v. Lewis, 518 U.S. 343 (1996).

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To establish a violation, prisoner must show that his prison’s law library or legal

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assistance program frustrated or impeded his ability to pursue a nonfrivolous legal claim.

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Casey, supra, 518 U.S. 343, 347. The right of access does not require the State to “enable the

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prisoner to discover grievances” or to “litigate effectively once in court.” Plaintiff refers to a

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“criminal case.” The Court is unable to determine whether Plaintiff is referring to a prison

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disciplinary violation or his underlying criminal conviction. Plaintiff must clearly articulate

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what particular claim he was proceeding on.

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Further, Plaintiff must identify individual defendants.

Plaintiff simply alleges that

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“officers” confiscated his documents. In order to hold an individual defendant liable, Plaintiff

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must name the individual defendant, describe where that defendant is employed and in what

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capacity, and explain how that defendant acted under color of state law. Plaintiff should state

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clearly, in his own words, what happened. Plaintiff must describe what each defendant, by

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name, did to violate the particular right described by Plaintiff.

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here. The complaint must therefore be dismissed. Plaintiff will, however, be given leave to file

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an amended complaint that cures the deficiencies identified in this order.

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III.

Plaintiff has failed to do so

Conclusion

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The Court has screened Plaintiff’s complaint and finds that it does not state any claims

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upon which relief may be granted under section 1983. The Court will provide Plaintiff with the

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opportunity to file an amended complaint curing the deficiencies identified by the Court in this

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order. Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff is cautioned that he

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may not change the nature of this suit by adding new, unrelated claims in his amended

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complaint.

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Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what

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each named defendant did that led to the deprivation of Plaintiff’s constitutional or other

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federal rights, Hydrick, 500 F.3d at 987-88.

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Although accepted as true, the “[f]actual

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allegations must be [sufficient] to raise a right to relief above the speculative level . . . .” Bell

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Atlantic v. Twombly, 550 U.S. 544, 554 (2007)(citations omitted).

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Finally, Plaintiff is advised that an amended complaint supersedes the original

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complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814

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F.2d 565, 567 (9th Cir. 1987), and must be “complete and in and of itself without reference to

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the prior or superseded pleading.” Local Rule 15-220. Plaintiff is warned that “[a]ll causes of

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action alleged in an original complaint which are not alleged in an amended complaint are

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waived.” King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d 811, 814

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(9th Cir. 1981)).

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s complaint is dismissed, with leave to amend, for failure to state a

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2.

The Clerk’s Office shall send to Plaintiff a complaint form;

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3.

Within thirty days from the date of service of this order, Plaintiff shall file an

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claim;

amended complaint;
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Plaintiff may not add any new, unrelated claims to this action via his amended

complaint and any attempt to do so will result in an order striking the amended complaint; and
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If Plaintiff fails to file an amended complaint, the Court will dismiss this action,

with prejudice, for failure to state a claim.

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IT IS SO ORDERED.
Dated:

March 17, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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