York v. Stewart et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING Motion for Summary Judgment, GRANTING Motion to Strike, DENYING Motion for Sanctions, and REFERRING matter back to the Magistrate Judge 24 , 29 , 30 and 39 ; Defendant Stewart dismissed, signed by District Judge Dale A. Drozd on 03/21/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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REGINALD RAY YORK,
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Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
MOTION FOR SUMMARY JUDGMENT,
GRANTING MOTION TO STRIKE,
DENYING MOTION FOR SANCTIONS,
AND REFERRING MATTER BACK TO THE
MAGISTRATE JUDGE
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(Doc. Nos. 24, 28, 29, 30, 39)
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v.
No. 1:15-cv-01828-DAD-BAM
M. STEWART, et al.,
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Defendants.
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Plaintiff Reginald Ray York is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 15, 2017, defendant Stewart filed a motion for summary judgment asserting that
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plaintiff had failed to exhaust his available administrative remedies concerning his claim against
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defendant Stewart prior to filing suit as is required. (Doc No. 24.) Because plaintiff submitted
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two oppositions to this motion (see Doc. Nos. 26, 28), defendant Stewart filed a motion to strike
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plaintiff’s second opposition as an unauthorized sur-reply on August 14, 2017. (Doc. No. 29.)
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On September 8, 2017, plaintiff filed a motion for sanctions against defendant Stewart and his
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counsel under Federal Rule of Civil Procedure 11(b), based largely on the filing of the motion to
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strike. (Doc. No. 30.)
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On February 20, 2018, the assigned magistrate judge issued findings and
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recommendations addressing all of these motions. (Doc. No. 39.) Therein, the magistrate judge
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recommended striking and disregarding plaintiff’s second response to defendant Stewart’s motion
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for summary judgment. (Id. at 3–4.) The magistrate judge also recommended that plaintiff’s
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motion for sanctions be denied, including plaintiff’s request for an order requiring the California
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Department of Corrections and Rehabilitation to provide inmates with tablets and email service
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with the court. (Id. at 4–6.) Finally, the magistrate judge found that plaintiff had failed to
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exhaust his available administrative remedies on his claim against defendant Stewart for the
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alleged failure to decontaminate plaintiff’s cell and, therefore, recommended that defendant
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Stewart’s motion for summary judgment be granted. (Id. at 7–15.) The parties were given
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fourteen days to object to the findings and recommendations. (Id. at 15.) Plaintiff timely filed
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objections on March 12, 2018. (Doc. No. 40.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
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conducted a de novo review of this case. Having carefully reviewed the entire file, including
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plaintiff’s objections, the undersigned concludes the findings and recommendations are supported
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by the record and by proper analysis.
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Plaintiff objects to the granting of the motion for summary judgment because he asserts
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that he did not know defendant Stewart’s name at the time he sought to exhaust his administrative
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remedies, and therefore was not required by the prison’s regulations to identify defendant Stewart
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in his inmate grievance. (Doc. No. 40 at 6.) Plaintiff’s inmate grievance, however, specifically
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addressed only the alleged use of excessive force, not the failure of any prison official to
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decontaminate plaintiff’s cell. (Doc. No. 39 at 13.) Moreover, the only potential reference to
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defendant Stewart in plaintiff’s inmate grievance was his statement therein that he was “never
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allowed to speak to the lieutenant to document the condition of my cell and the damage to my
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personal property or to ISU for being assaulted by the sergeants.” (Id.) Plaintiff’s objections also
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indicate that his claim against defendant Stewart is not that this defendant failed to decontaminate
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his cell, but rather that he failed to appropriately supervise the defendant officers who searched
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his cell and failed to appropriately document the condition of that cell. (Id. at 9–10.) In sum, it
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appears that plaintiff’s inmate grievance—and possibly even his complaint in this case—was
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simply that defendant Stewart failed to adequately document what had occurred. However, no
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such claim was found by the court to be cognizable against defendant Stewart in this action.
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Instead, this litigation is proceeding on an alleged Eighth Amendment claim asserting defendant
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Stewart knew that pepper spray had been used in plaintiff’s cell, that the cell was not
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decontaminated, and that plaintiff was returned to the cell. Plaintiff may not change the nature of
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the claims found to be cognizable in the course of objecting to the pending findings and
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recommendations. See Arceo v. Salinas, No. 2:11-cv-2396 MCE KJN P, 2016 WL 6897226, at
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*2 (E.D. Cal. Nov. 23, 2016) (“Plaintiff cannot, through objections, change the nature of his
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pleading.”); Perkins v. Pfeiffer, No. 1:08-cv-00516-AWI-GSA PC, 2008 WL 5220997, at *1
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(E.D. Cal. Dec. 15, 2008) (same).
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Meanwhile, plaintiff also objects to the recommendation that his second opposition to
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defendant Stewart’s summary judgment motion be struck, suggesting that the magistrate judge
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should have instead struck his first opposition because it was not filed by him and did not reflect
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his signature. (Id. at 15–17.) In fact, the opposition considered by the magistrate judge did
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reflect plaintiff’s signature. (Doc. No. 26 at 25.) Plaintiff has not presented any authority
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demonstrating the magistrate judge erred in accepting his earliest filed opposition and considering
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it in ruling on the pending motion. Plaintiff has likewise not explained how or why he would
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have prevailed in opposing the motion for summary judgment, even if his second, unauthorized,
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opposition were considered by the court. Therefore, the court will accept the magistrate judge’s
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recommendation and strike plaintiff’s unauthorized second opposition to the pending motion for
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summary judgment.
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Finally, plaintiff objects to the magistrate’s recommendation that his motion for sanctions
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be denied. The undersigned concludes that the objections provide no basis upon which this court
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should decline to adopt the magistrate judge’s findings and recommendations in this regard.
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Accordingly, plaintiff’s motion for sanctions will be denied.
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For all of these reasons:
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The findings and recommendations issued on February 20, 2018 (Doc. No. 39), are
adopted in full;
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Defendant Stewart’s motion to strike plaintiff’s August 4, 2017, second and
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unauthorized, opposition to the motion for summary judgment (Doc. No. 29), is
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granted;
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stricken;
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Plaintiff’s second, unauthorized, opposition, filed on August 4, 2017 (Doc. No. 28), is
Plaintiff’s motion for sanctions and for injunctive relief (Doc. No. 30) is denied in its
entirety;
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Defendant Stewart’s motion for summary judgment due to plaintiff’s failure to exhaust
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his available administrative remedies with respect to his claim against defendant
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Stewart (Doc. No. 24) is granted;
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Defendant Stewart is dismissed from this action, without prejudice, due to plaintiff’s
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failure to exhaust his available administrative remedies with respect to his claim
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against defendant Stewart prior to filing suit as required; and
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7.
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This action is referred back to the magistrate judge for further proceedings consistent
with this order.
IT IS SO ORDERED.
Dated:
March 21, 2018
UNITED STATES DISTRICT JUDGE
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