Hubbard v. Corcoran State Prison et al

Filing 8

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1 ), Amended Complaint Due Within Thirty (30) Days, signed by Magistrate Judge Michael J. Seng on 2/3/2014. First Amended Complaint due by 3/10/2014. (Attachments: # 1 Complaint filed 9.9.13, # 2 Amended Complaint Form)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZANE HUBBARD,

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Plaintiff,

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CASE NO. 1:13-cv-01511-AWI-MJS
ORDER DISMISSING COMPLAINT WITH
LEAVE TO AMEND

v.
(ECF NO. 1)
CORCORAN STATE PRISON, et al.,

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AMENDED COMPLAINT DUE WITHIN
THIRTY (30) DAYS

Defendants.

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SCREENING ORDER
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I.

PROCEDURAL HISTORY

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Plaintiff Zane Hubbard, a state prisoner proceeding pro se and in forma pauperis,
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filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 9, 2013. (ECF
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No. 1.) His complaint 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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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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III.

SUMMARY OF COMPLAINT

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The Complaint identifies the following Defendants: (1) Corcoran State Prison; (2)

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Hirachetta, Correctional Officer (CO); (3) Chavez, CO; (4) CSPC Mailroom; (5) Kern

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County Jail; (6) Wasco State Prison; (7) L. Vasquez, Mailroom Inspector; (8) Warden;

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and (9) R. Godwin, Captain.

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The Complaint is a fragmented series of factual allegations punctuated with

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numerous legal conclusion.

At one point Plaintiff asserts that various correctional

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officials have violated each of the first fourteen amendments to the Constitution to the

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extent they apply to Plaintiff‟s federal rights in prison. (Compl. at 9.) Plaintiff complains

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about prison officials‟ conduct in the mailroom, his being validated as a gang member,

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his conditions of confinement, a tracking device implanted in his body, the inmate appeal

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process, a brainwashing program, and his being tortured for his Luciferian beliefs.

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IV.

ANALYSIS

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A.

Section 1983

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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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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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B.

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Pursuant to Rule 8(a) of the Federal Rules of Civil Procedure, the complaint or

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

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the pleader is entitled to relief.” Although the Federal Rules adopt a flexible pleading

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policy, a complaint must give fair notice and state the elements of the claim plainly and

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succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984).

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Failure to State a Claim

The Court cannot begin to evaluate the viability of Plaintiff‟s claims because his

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allegations are not presented in any sort of logical, understandable narrative.

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Complaint rambles through a list of grievances that are not fully explained or clearly

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distinguished one from the other. Instead of addressing each individual claim, identifying

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the parties involved, and describing the particular events givng rise to that claim and the

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date of each, Plaintiff simply makes broad contentions that various prison officials have

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violated numerous constitutional rights. Without a chronological, factual, and legal

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context for each individual and successive claim, the court cannot identify any potentially

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cognizable claim. Iqbal, 129 S.Ct. at 1949.
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The

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As pled, Plaintiff has failed to state a claim. The Court will grant Plaintiff an

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opportunity to amend.

Should he choose to amend, Plaintiff must describe each

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purported claim plainly and succinctly in chronological order, i.e. what happened, when,

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which Defendant was involved, and how the conduct contributed to a violation of

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Plaintiff‟s rights. The Court will not sift through disconnected allegations to construct a

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claim.

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In his amended complaint, Plaintiff must establish legal liability of each person or

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entity for the claimed violation of his rights. Claims against multiple Defendants must

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arise out of common events and contain common questions of law or fact.

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The following sections of this order provide a more detailed description of the

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basic legal standards for asserting a § 1983 claim. (Further guidance as to the elements

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of, and criteria for asserting, particular types of claims can not be provided at this time

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because the court can not yet even envison what type of claim(s) Plaintiff may wish to

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pursue.)

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C.

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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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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See Monell v. Department of Social Services, 436 U.S. 658 (1978).

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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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D.

Proper Joinder of Multiple Claims and Defendants

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Federal Rule of Civil Procedure 18(a) states that “[a] party asserting a claim,

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counterclaim, crossclaim, or third-party claim may join, as independent or as alternative

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claims, as many claims as it has against an opposing party.” “Thus multiple claims

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against a single party are fine, but Claim A against Defendant 1 should not be joined

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with unrelated Claim B against Defendant 2.

Unrelated claims against different

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defendants belong in different suits, not only to prevent the sort of morass [a multiple

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claim, multiple defendant] suit produce[s], but also to ensure that prisoners pay the

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required filing fees - for the Prison Litigation Reform Act limits to 3 the number of

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frivolous suits or appeals that any prisoner may file without prepayment of the required

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fees. 28 U.S.C. § 1915(g).” George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).

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The fact that claims are premised on the same type of constitutional violation(s)

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(e.g. retaliation) against multiple defendants does not make them factually related.

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Claims are related when they are based on the same precipitating event or on a series of

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related events caused by the same precipitating event.

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multiple defendants belong in different suits. See id.

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Unrelated claims involving

Rule 18(a) allows multiple claims against a single party.

However, naming

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multiple defendants is limited by the requirement of Federal Rule of Civil Procedure

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20(a)(2) that the right to relief arise out of common events and contain common

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questions of law or fact.

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V.

CONCLUSION AND ORDER

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Plaintiff‟s Complaint does not state a claim for relief. The Court will grant Plaintiff

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an opportunity to file an amended complaint. Noll v. Carlson, 809 F.2d 1446, 1448-49

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(9th Cir. 1987). If Plaintiff opts to amend, he must demonstrate that the alleged acts

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resulted in a deprivation of his constitutional rights. Iqbal, 129 S.Ct. at 1948-49. Plaintiff
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must set forth “sufficient factual matter . . . to „state a claim that is plausible on its face.‟”

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Id. at 1949 (quoting Twombly, 550 U.S. at 555 (2007)). Plaintiff must also demonstrate

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that each named Defendant personally participated in a deprivation of his rights. Jones

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v. Williams, 297 F.3d 930, 934 (9th Cir. 2002).

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Plaintiff should note that although he has been given the opportunity to amend, it

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is not for the purposes of adding new claims. George v. Smith, 507 F.3d 605, 607 (7th

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Cir. 2007). Plaintiff should carefully read this Screening Order and focus his efforts on

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curing the deficiencies set forth above.

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Finally, Plaintiff is advised that Local Rule 220 requires that an amended

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complaint be complete in itself without reference to any prior pleading. As a general

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rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375

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F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original complaint

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no longer serves any function in the case. Therefore, in an amended complaint, as in an

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original complaint, each claim and the involvement of each defendant must be

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sufficiently alleged. The amended complaint should be clearly and boldly titled “First

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Amended Complaint,” refer to the appropriate case number, and be an original signed

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under penalty of perjury. Plaintiff's amended complaint should be brief. Fed. R. Civ. P.

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8(a). Although accepted as true, the “[f]actual allegations must be [sufficient] to raise a

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right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555 (citations

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omitted).

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Clerk‟s Office shall send Plaintiff (1) a blank civil rights complaint form

and (2) a copy of his Complaint, filed September 9, 2013;
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Plaintiff‟s Complaint is dismissed for failure to state a claim upon which

relief may be granted;
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Plaintiff shall file an amended complaint within thirty (30) days; and

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4.

If Plaintiff fails to file an amended complaint in compliance with this order,

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the Court will recommend that this be dismissed, with prejudice, for failure to state a

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claim and failure to comply with a court order.

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IT IS SO ORDERED.
Dated:

February 3, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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