Vinson v. United States of America et al

Filing 3

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND, signed by Magistrate Judge Jennifer L. Thurston on 4/13/2017. Amended Complaint due within 21 days. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:17-cv-00372 - LJO-JLT
)
Plaintiff,
) ORDER DISMISSING PLAINTIFF’S
) COMPLAINT WITH LEAVE TO AMEND
v.
)
THE UNITED STATES OF AMERICA, et al., )
)
)
Defendant.
)
)
NAOMI SABRINA VINSON,

Naomi Sabrina Vinson seeks to proceed pro se and in forma pauperis with this action for

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violations of the First, Fifth, Eighth, Ninth, and Thirteenth Amendments to the Constitution of the

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United States. (Doc. 1 at 4) Plaintiff seeks to have the Court “adopt a law … that will prepare to end

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long term solitary confinement [and] alleviate conditions in segregation including provisions of regular

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[and] meaningful social contact, access to sunlight, expand programing [and] privileges.” (Doc. 1 at 6,

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emphasis omitted) In addition, she seeks monetary relief in the amount of $3,000,000 “to give

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rehabilitation to … inmates in ad-seg.” (Id.)
Because the facts before the Court are insufficient to determine whether Plaintiff has standing

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for the claims presented, the complaint is DISMISSED with leave to amend.1

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///

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The Court defers ruling on the motion to proceed in forma pauperis until the amended complaint is filed, and the
issue of standing is clarified.

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I.

Screening Requirement

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When a plaintiff proceeds in forma pauperis, the Court is required to review the complaint, and

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shall dismiss the case at any time if the Court determines that the allegation of poverty is untrue, or the

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action or appeal is “frivolous, malicious or fails to state a claim on which relief may be granted; or . . .

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seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. 1915(e)(2). A

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claim is frivolous “when the facts alleged arise to the level of the irrational or the wholly incredible,

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whether or not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez,

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504 U.S. 25, 32-33 (1992).

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II.

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Pleading Standards
General rules for pleading complaints are governed by the Federal Rules of Civil Procedure. A

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pleading stating a claim for relief must include a statement affirming the court’s jurisdiction, “a short

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and plain statement of the claim showing the pleader is entitled to relief; and . . . a demand for the

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relief sought, which may include relief in the alternative or different types of relief.” Fed. R. Civ. P.

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8(a). The Federal Rules adopt a flexible pleading policy, and pro se pleadings are held to “less

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stringent standards” than pleadings by attorneys. Haines v. Kerner, 404 U.S. 519, 521-21 (1972).

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A complaint must give fair notice and state the elements of the plaintiff’s claim in a plain and

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succinct manner. Jones v. Cmty Redevelopment Agency, 733 F.2d 646, 649 (9th Cir. 1984). Further, a

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plaintiff must identify the grounds upon which the complaint stands. Swierkiewicz v. Sorema N.A., 534

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U.S. 506, 512 (2002). The Supreme Court noted,

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Rule 8 does not require detailed factual allegations, but it demands more than an
unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers
labels and conclusions or a formulaic recitation of the elements of a cause of action will
not do. Nor does a complaint suffice if it tenders naked assertions devoid of further
factual enhancement.

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Ashcroft v. Iqbal, 556 U.S. 662, 677 (2009) (internal quotation marks and citations omitted).

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Conclusory and vague allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d

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266, 268 (9th Cir. 1982). The Court clarified further,

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[A] complaint must contain sufficient factual matter, accepted as true, to “state a claim
to relief that is plausible on its face.” [Citation]. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged. [Citation]. The
plausibility standard is not akin to a “probability requirement,” but it asks for more than
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a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a complaint
pleads facts that are “merely consistent with” a defendant’s liability, it “stops short of
the line between possibility and plausibility of ‘entitlement to relief.’

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Iqbal, 566 U.S. at 678 (citations omitted). When factual allegations are well-pled, a court should

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assume their truth and determine whether the facts would make the plaintiff entitled to relief; legal

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conclusions in the pleading are not entitled to the same assumption of truth. Id.
The Court has a duty to dismiss a case at any time it determines an action fails to state a claim,

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“notwithstanding any filing fee that may have been paid.” 28 U.S.C. § 1915e(2). Accordingly, a court

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“may act on its own initiative to note the inadequacy of a complaint and dismiss it for failure to state a

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claim.” See Wong v. Bell, 642 F.2d 359, 361 (9th Cir. 1981) (citing 5 C. Wright & A. Miller, Federal

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Practice and Procedure, § 1357 at 593 (1963)). However, leave to amend a complaint may be granted

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to the extent deficiencies of the complaint can be cured by an amendment. Lopez v. Smith, 203 F.3d

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1122, 1127-28 (9th Cir. 2000) (en banc).

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III.

Plaintiff’s Contentions

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Plaintiff asserts that individuals “have been through trauma to the brain by the CDCR in

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segregated housing units and need proper [r]ehabilitation learning skills to adapt.” (Doc. 1 at 5)

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Plaintiff contends: “Solitary Confinement causes psychological distress, inmates [have] been deprived

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from social contact and sunlight, adequate healthcare has proven to be inhumane and unconstitutional.

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This is an ongoing crisis, no one dares to admit…” (Id.)

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IV.

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Discussion and Analysis
Plaintiff does not present any facts indicating that she has been incarcerated or personally

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suffered violations of the constitutional provisions she identifies in the complaint. Rather, it appears

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Plaintiff, who also reports that she is employed at a “neuro skills” facility (Doc. 2 at 1), seeks to state

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claims on behalf of others.

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Significantly, as explained by the Supreme Court of the United States, “those who seek to

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invoke the jurisdiction of the federal courts must satisfy the threshold requirement imposed by Article

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III of the Constitution by alleging an actual case or controversy.” City of Los Angeles v. Lyons, 461

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U.S. 95, 101 (1983). “[T]he Constitution mandates that prior to our exercise of jurisdiction there exist

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a constitutional ‘case or controversy,’ that the issues presented are ‘definite and concrete, not
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hypothetical or abstract.’” Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134, 1138 (9th Cir.

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2000) (quoting Railway Mail Assoc. v. Corsi, 326 U.S. 88, 93 (1945)). To satisfy the “case or

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controversy” requirement, a plaintiff must demonstrate standing under Article III to bring suit. Human

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Life of Wash., Inc. v. Brumsickle, 624 F.3d 990, 1000 (9th Cir. 2010); see also Skaff v. Meridien N. Am.

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Beverly Hills, LLC, 506 F.3d 832, 838 (2007) (“standing is an essential and unchanging part of the

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case-or-controversy requirement of Article III”).
To establish standing—and thus that there is an actual case or controversy—a plaintiff “must

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demonstrate (1) an injury-in-fact, (2) causation, and (3) a likelihood that the injury will be redressed by

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a decision in the plaintiff’s favor.” Human Life, 624 F.3d at 1000 (citing Lujan v. Defenders of Wildlife,

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504 U.S. 555, 560 (1992)). Plaintiff must alleges facts that support a conclusion that she, as opposed to

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others, has suffered an injury-in-fact and must identify wrongful any acts that she claims caused her to

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be injured. Rather, she broadly identifies harms suffered by prisoners in administrative segregation and

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solitary confinement, without clarifying whether she has suffered any injury through incarceration.

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Though the Court does not doubt Plaintiff’s altruistic motives, the allegations before the Court are

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insufficient to demonstrate that Plaintiff has standing to bring the claims for civil rights violations

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identified in the complaint.

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V.

Conclusion and Order

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Given the lack of factual allegations, the Court is unable to find Plaintiff has standing to state

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the claims raised in her complaint. Accordingly, Plaintiff will be given an opportunity to amend the

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complaint to allege facts sufficient to demonstrate standing. See Noll v. Carlson, 809 F.2d 1446,

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1448-49 (9th Cir. 1987).

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Plaintiff is advised that an amended complaint supersedes the original complaint. Forsyth v.

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

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In addition, the amended complaint must be “complete in itself without reference to the prior or

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superseded pleading.” Local Rule 220. Once Plaintiff files an amended complaint, the original

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pleading no longer serves any function in the case. The amended complaint must bear the docket

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number assigned this case and must be labeled “First Amended Complaint.” If Plaintiff fails to allege

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facts supporting a conclusion that she has suffered an injury-in-fact, the Court will find she is unable

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to do so.

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Based upon the foregoing, the Court ORDERS:

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1.

Plaintiff’s Complaint is DISMISSED WITH LEAVE TO AMEND; and

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2.

Within twenty-one days from the date of service of this order, Plaintiff SHALL file a
First Amended Complaint.

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If Plaintiff fails to comply with this order to file an amended complaint, the action may be

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dismissed for failure to prosecute and failure to obey the Court’s order.

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IT IS SO ORDERED.
Dated:

April 13, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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