Garcia v. Davis
Filing
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FINDINGS and RECOMMENDATIONS Regarding Dismissal of Action 6 for Failure to State a Claim, signed by Magistrate Judge Barbara A. McAuliffe on 12/15/2014, referred to Judge Ishii. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY GARCIA,
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Plaintiff,
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v.
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RON DAVIS,
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Defendant.
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1:14-cv-00195-AWI-BAM (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A CLAIM
FOURTEEN-DAY DEADLINE
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Findings and Recommendations
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I.
Screening Requirement and Standard
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Plaintiff Anthony (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October
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25, 2013. The matter was transferred to this Court on February 12, 2014. Plaintiff’s complaint,
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filed on November 29, 2013, is currently before the Court for screening.
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §
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1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or
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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary
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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28
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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 the
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pleader is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937,
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1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65
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(2007)). While a plaintiff’s allegations are taken as true, courts “are 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).
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Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings
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liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338,
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342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be facially
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plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each
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named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949
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(quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.
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2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere
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consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at
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678, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
Plaintiff’s Allegations
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II.
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Plaintiff is incarcerated at Valley State Prison, where the events in the complaint are
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alleged to have occurred. Plaintiff names Warden Ron Davis as the sole defendant.
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Plaintiff alleges that he had a friend named Javier Gomez, an inmate at Valley State
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Prison, who committed suicide on September 23, 2013. Plaintiff had communication with Mr.
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Gomez for five years in prison. Mr. Gomez was having a “deficient time” seeing a mental health
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physician. (ECF No. 6, p. 3.) Plaintiff alleges that the deficiency was due to inadequate care
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violations and that he witnessed these prison conditions. As relief, Plaintiff would like Valley
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State Prison to financially compensate Mr. Gomez’s immediate family for the pain and suffering
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they endured.
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III.
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Plaintiff is pursuing a claim for deliberate indifference to serious medical needs in
Discussion
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violation of the Eighth Amendment on behalf of Mr. Gomez, a fellow prisoner who is now
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deceased. However, Plaintiff may not sue on behalf of Mr. Gomez or for the benefit of Mr.
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Gomez’s family. A pro se prisoner “has no authority to represent anyone other than himself.”
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Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962); Johns v. County of San Diego, 114
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F.3d 874, 877 (9th Cir. 1997) (non-lawyer has no authority to appear as an attorney for others
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than himself). Plaintiff also does not have standing to complain about a violation of the
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constitutional rights of others. Powers v. Ohio, 499 U.S. 400, 410, 11 S.Ct. 1364, 1370 (1991).
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The Court finds that Plaintiff has failed to state a claim that his own constitutional rights
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were violated. Given the underlying allegations, this deficiency cannot be cured by amendment.
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Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
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IV.
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For the reasons stated, it is HEREBY RECOMMENDED that this action be DISMISSED
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Conclusion and Recommendations
for failure to state a claim upon which relief can be granted.
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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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fourteen (14) 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 “Objections 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 result in the waiver of the “right to challenge the
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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, __ F.3d __, __, No. 11-17911,
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2014 WL 6435497, at *3 (9th Cir. Nov. 18, 2014) (citing Baxter v. Sullivan, 923 F.2d 1391,
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1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
December 15, 2014
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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