Baker v. Mims, et al.

Filing 10

ORDER Dismissing Plaintiff's 9 Second Amended Complaint for Failure to State a Cognizable Claim; Clerk Shall Close the Case, signed by Magistrate Judge Michael J. Seng on 10/28/13. CASE CLOSED (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE LEE BAKER,

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ORDER
DISMISSING
PLAINTIFF‟S
SECOND AMENDED COMPLAINT FOR
FAILURE TO STATE A COGNIZALBE
CLAIM

Plaintiff,

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CASE NO. 1:13-cv-01020-MJS

v.
MARGARET MIMS, et al.,

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(ECF NO. 9)

Defendants.

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CLERK SHALL CLOSE THE CASE

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SCREENING ORDER
I.

PROCEDURAL HISTORY

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On July 2, 2013, Plaintiff Vance Lee Baker, a prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.)

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Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 4.)

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Plaintiff‟s Complaint (ECF No. 1) and First Amended Complaint (ECF No. 7) were

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screened and dismissed, with leave to amend, on August 30, 2013 and September 30,

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2013, respectively, for failure to state cognizable claims. (ECF Nos. 6 and 8.) Plaintiff‟s

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Second Amended Complaint (ECF No. 9) is now before the Court for screening.

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II.

SCREENING REQUIREMENT

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The Court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has

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raised claims that are legally “frivolous, malicious,” or that fail to state a claim upon which

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relief may be granted, or that seek monetary relief from a defendant who is immune from

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such relief. 28 U.S.C. § 1915A(b)(1),(2). “Notwithstanding any filing fee, or any portion

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thereof, that may have been paid, the court shall dismiss the case at any time if the court

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determines that . . . the action or appeal . . . fails to state a claim upon which relief may

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be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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Section 1983 “provides a cause of action for the „deprivation of any rights,

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privileges, or immunities secured by the Constitution and laws‟ of the United States.”

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Wilder v. Virginia Hosp. Ass‟n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983).

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Section 1983 is not itself a source of substantive rights, but merely provides a method for

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vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94

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(1989).

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III.

SUMMARY OF SECOND AMENDED COMPLAINT

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The Second Amended Complaint identifies the following officials at the Fresno

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County Jail as Defendants: (1) Dr. Alfredo Ruva/Caba; (2) Registered Nurse Goody; and

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(3) unspecified members of the medical staff.

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Plaintiff alleges the following:

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Plaintiff has a painful hernia in his lower abdomen and has made numerous

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requests for treatment. Plaintiff has exhausted the inmate grievance procedure and as

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of this filing has yet to receive medical care for his ongoing pain. The Defendants have

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exhibited deliberate indifference to Plaintiff‟s medical needs by delaying, denying, and

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intentionally interfering with treatment. (Compl. at 2.)

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IV.

ANALYSIS

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A.

Section 1983

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To state a claim under Section 1983, a plaintiff must allege two essential

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elements: (1) that a right secured by the Constitution or laws of the United States was

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violated and (2) that the alleged violation was committed by a person acting under the

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color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda

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Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).

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A complaint must contain “a short and plain statement of the claim showing that

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

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

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supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S.Ct.

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1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

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Plaintiff must set forth “sufficient factual matter, accepted as true, to „state a claim that is

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plausible on its face.‟” Id. Facial plausibility demands more than the mere possibility

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that a defendant committed misconduct and, while factual allegations are accepted as

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true, legal conclusions are not. Id. at 1949-50.

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B.

Linkage Requirement

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Under § 1983, Plaintiff must demonstrate that each defendant personally

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participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th

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Cir. 2002). This requires the presentation of factual allegations sufficient to state a

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plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572

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F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting

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this plausibility standard. Id.

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The statute requires that there be an actual connection or link between the

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actions of the defendants and the deprivation alleged to have been suffered by the

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plaintiff.

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Government officials may not be held liable for the actions of their subordinates under a

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theory of respondeat superior. Iqbal, 129 S.Ct. at 1948. Since a government official
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See Monell v. Department of Social Services, 436 U.S. 658 (1978).

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cannot be held liable under a theory of vicarious liability in § 1983 actions, Plaintiff must

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plead sufficient facts showing that the official has violated the Constitution through his

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own individual actions. Id. at 1948. In other words, to state a claim for relief under §

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1983, Plaintiff must link each named defendant with some affirmative act or omission

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that demonstrates a violation of Plaintiff's federal rights.

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The Second Amended Complaint fails to link any individual with the alleged denial

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of medical care. Plaintiff repeats his assertion that he has been denied treatment for a

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serious and painful medical condition but, as was the case in each of the previous

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complaints, fails to identify any specific example of inadequate medical care by any

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specific individual. To state a claim under § 1983, Plaintiff must “set forth specific facts

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as to each individual defendant's” deprivation of protected rights. See Leer v. Murphy,

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844 F.2d 628, 634 (9th Cir. 1988). The pleading provides no description or indication as

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to how each or any of the Defendants actually denied Plaintiff treatment or actively

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participated in that denial.

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The Court has twice cautioned Plaintiff that his allegations are too broad and

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vague to state a claim. The instant pleading does not correct the deficiencies. None of

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the Defendants are mentioned by name or associated with any particular violation.

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Plaintiff‟s contention that the Defendants deliberately disregarded his condition, without

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specific examples of misconduct, is a legal conclusion that the Court cannot accept.

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Iqbal, 129 S.Ct. at 1949-50. Plaintiff has not presented enough factual allegations to

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state a plausible claim for relief, Id., .

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Plaintiff has twice been advised of the deficiencies in his claim and instructed as

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to what was needed to correct the shortcomings. He has failed again even though he

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was instructed that this would be his final opportunity. No useful purpose would be

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served by giving further leave to amend.

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V.

CONCLUSION AND ORDER

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For the reasons stated above, the Court finds that Plaintiff‟s Second Amended

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Complaint fails to state a claim upon which relief may be granted and that leave to
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amend would be futile. See Noll v. Carson, 809 F.2d 1446, 1448-49 (9th Cir. 1987).

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Accordingly, Plaintiff‟s Second Amended Complaint is DISMISSED WITH PREJUDICE

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for failure to state a claim. The Clerk shall close the case.

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IT IS SO ORDERED.
Dated:

October 28, 2013

/s/

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UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

ci4d6

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