Cranford v. Okpala

Filing 7

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND for Failure to State a Cognizable Claim for Relief and ORDER DENYING 5 Plaintiff's Motion for Discovery signed by Magistrate Judge Stanley A. Boone on 1/9/2015. Amended Complaint due within thirty (30) days. (Attachments: # 1 Amended Complaint Form). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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v.
ANTONIA OKPALA,
Defendant.

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Case No.: 1:14-cv-00921-SAB (PC)
ORDER DISMISSING COMPLAINT, WITH
LEAVE TO AMEND, FOR FAILURE TO STATE
A COGNIZABLE CLAIM FOR RELIEF, AND
ORDER DENYING PLAINTIFF’S MOTION FOR
DISCOVERY
[ECF Nos. 1, 5]

Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Pursuant to 28 U.S.C. §

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636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 7,

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2015. Local Rule 302.

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I.

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SCREENING REQUIREMENT

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The Court is required to screen Plaintiff=s complaint and dismiss the case, in whole or in part, if
28 U.S.C. '

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the Court determines it fails to state a claim upon which relief may be granted.

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1915(e)(2)(B)(ii). A complaint must contain Aa 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 required,
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but A[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements, do not suffice,@ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts Aare not required to

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indulge 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). While factual allegations are accepted as true, legal

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conclusions are not. Iqbal, 556 U.S. at 678.

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Pro se litigants are entitled to have their pleadings liberally construed and to have any doubt

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resolved in their favor, Wilhelm v. Rotman, 680 F.3d 1113, 1121-23 (9th Cir. 2012); Hebbe v. Pliler,

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627 F.3d 338, 342 (9th Cir. 2010), but Plaintiff=s claims must be facially plausible to survive

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screening, 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 (quotation marks

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omitted); Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a

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defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of

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satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572 F.3d

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at 969.

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II.

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COMPLAINT ALLEGATIONS

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Since May 2014, Plaintiff has made multiple attempts to get Defendant Okpala to set an

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appointment to see the unit doctor at Coalinga State Hospital. Each and every time Plaintiff has

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requested an appointment, Defendant states that she would make the appointment and each following

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day Plaintiff is replaced by a different patient based on priority. Plaintiff contends that Defendant has

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engaged in racial discrimination based on the prioritizing of patients in need of medical care.

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III.

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DISCUSSION

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A.

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Under section 1981, all persons “shall have the same right … to make and enforce contracts.”

Racial Discrimination in violation of 42 U.S.C. § 1981

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42 U.S.C. § 1981. Therefore, to prevail on a section 1981 claim, a plaintiff must show (1) intent to

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discriminate based on race and (2) this discrimination interfered with the making and enforcing of
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contracts. See Imagineering, Inc. v. Kiewit Pacific Co., 976 F.2d 1301, 1313 (9th Cir. 1992) (“Proof of

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intent to discriminate is necessary to establish a violation of section 1981.”). Here, Plaintiff has not

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met his burden to “at least allege facts that would support an inference that defendants intentionally

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and purposefully discriminated against [him].” Id. In addition, Plaintiff has not alleged facts such that

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an act of discrimination interfered with the making or enforcement of a contract. Consequently,

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Plaintiff fails to state a claim for racial discrimination under section 1981.

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B.

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On October 17, 2014, Plaintiff filed a motion entitled motion for discovery. In the motion,

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Motion for Discovery

Plaintiff requests an extension of the 120 day deadline to serve the complaint upon Defendant.

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However, as stated above, the Court is required to screen Plaintiff’s complaint pursuant to 28 U.S.C. '

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1915, and service of the complaint cannot and will not be directed unless and until ordered by the

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Court, and since Plaintiff is proceeding in forma pauperis in this action service of the complaint will

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be effectuated by the United States Marshal. See Lopez v. Smith, 203 F.3d 1122, 1126-1127 (9th Cir.

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2000) (en banc); 28 U.S.C. § 1915(d); Fed. R. Civ. P. 3(c)(3).

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IV.

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CONCLUSION AND ORDER

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For the reasons stated, Plaintiff’s complaint fails to state a claim upon which relief may be

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granted. Plaintiff is granted leave to file an amended complaint within thirty (30) days. Noll v.

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Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff may not change the nature of this suit by

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adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir.

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2007) (no “buckshot” complaints).

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

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named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal rights.

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Iqbal, 556 U.S. 662, 678. “The inquiry into causation must be individualized and focus on the duties

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and responsibilities of each individual defendant whose acts or omissions are alleged to have caused a

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constitutional deprivation.” Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988). Although accepted as

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true, the “[f]actual allegations must be [sufficient] to raise a right to relief above the speculative level .

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. .” Twombly, 550 U.S. at 555 (citations omitted).
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Finally, an amended complaint supersedes the original complaint, Forsyth v. Humana, Inc.,

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114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be

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“complete in itself without reference to the prior or superseded pleading,” Local Rule 220. “All

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causes of 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 (9th Cir.

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1981)); accord Forsyth, 114 F.3d at 1474.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion for discovery is DENIED;

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2.

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

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3.

Plaintiff’s complaint, filed April 30, 2012, is dismissed for failure to state a claim;

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4.

Within thirty (30) days from the date of service of this order, Plaintiff shall file an
amended complaint; and

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If Plaintiff fails to file an amended complaint in compliance with this order, this action
will be dismissed, with prejudice, for failure to state a claim.

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IT IS SO ORDERED.

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Dated:

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January 9, 2015
UNITED STATES MAGISTRATE JUDGE

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