Yartz v. Coalinga State Hospital et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending that this 15 Case be Dismissed, with Prejudice, for Failure to State a Claim signed by Magistrate Judge Erica P. Grosjean on 05/29/2018. Referred to Judge Ishii; Objections to F&R due by 6/22/2018. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NORMAN EUGENE YARTZ,
Plaintiff,
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v.
COALINGA STATE HOSPITAL, et al.,
Defendants.
Case No. 1:17-cv-01305-AWI-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS CASE BE
DISMISSED, WITH PREJUDICE, FOR
FAILURE TO STATE A CLAIM
(ECF No. 15)
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY-ONE (21) DAYS
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Norman Yartz (“Plaintiff”) is proceeding pro se and in forma pauperis in this civil
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rights action filed pursuant to 42 U.S.C. § 1983. It is unclear if Plaintiff is a pretrial detainee or
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a civil detainee.
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Plaintiff filed the Complaint commencing this action on October 2, 2017. (ECF No. 1).
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Plaintiff filed his First Amended Complaint on December 22, 2017. (ECF No. 11). The Court
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screened Plaintiff’s First Amended Complaint on January 26, 2018. (ECF No. 12). Plaintiff
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filed a Second Amended Complaint on April 9, 2018, (ECF No. 15), which is before this Court
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for screening.
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The Court has screened Plaintiff’s Second Amended Complaint and recommends
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dismissing it for failure to state a claim, for the reasons described below. Given that this is
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Plaintiff’s Second Amended Complaint, and that Plaintiff’s allegations do not appear to state a
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claim under the relevant legal standards, the Court recommends not granting further leave to
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amend.
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I.
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The Court is required to screen complaints brought by prisoners seeking relief against a
SCREENING REQUIREMENT
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
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The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
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legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or
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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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' 1915A(b)(1), (2). As Plaintiff is proceeding in forma pauperis (ECF No. 4), the Court may
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also screen the complaint under 28 U.S.C. § 1915. “Notwithstanding any filing fee, or any
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portion 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 be granted.”
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28 U.S.C. ' 1915(e)(2)(B)(ii).
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A complaint is required to contain “a short and plain statement of the claim showing
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that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are
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not 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 (2009) (citing Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient
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factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Id.
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(quoting Twombly, 550 U.S. at 570). The mere possibility of misconduct falls short of meeting
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this plausibility standard. Id. at 679. While a plaintiff’s allegations are taken as true, courts
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“are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d
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677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). Additionally, a
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plaintiff’s legal conclusions are not accepted as true. Iqbal, 556 U.S. at 678.
Pleadings of pro se plaintiffs “must be held to less stringent standards than formal
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pleadings drafted by lawyers.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (holding that
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pro se complaints should continue to be liberally construed after Iqbal).
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II.
PRIOR COMPLAINT AND SCREENING
Plaintiff’s First Amended Complaint alleged that defendants slandered, libeled,
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defamed and falsely imprisoned him. They also failed to mirandize him, and falsely used his
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chart at Coalinga State Hospital, saying that he raped and sodomized his daughter and a
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neighbor girl in 1983.
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The Court issued a screening order evaluating Plaintiff’s potential claims and providing
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relevant legal standards. The Court explained how Rule 8 of the Federal Rules of Civil
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Procedure requires a short and plain statement of the claim(s) showing that the pleader is
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entitled to relief. The Court explained that Plaintiff’s First Amended Complaint did not say
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what each person did in a clear way. The Court stated, “If Plaintiff chooses to amend his
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complaint, he needs to include a short and plain statement—what each person did, such as what
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he or she said or wrote or did to Plaintiff. Then Plaintiff should try to explain why he believes
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that action, or lack of action, violated Plaintiff’s constitutional rights.” (ECF No. 12, at p. 4).
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The Court also explained that, under Heck v. Humphrey, 512 U.S. 477, 487 (1994),
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Plaintiff cannot use a section 1983 proceeding to challenge an underlying criminal conviction.
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The Court also explained the legal standards for the various state causes of action Plaintiff had
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alleged.
SUMMARY OF PLAINTIFF’S SECOND AMENDED COMPLAINT
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III.
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Plaintiff’s factual allegations are difficult to decipher. It appears that Plaintiff alleges
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that defendants Luke Kull and James Peterson were Psy tec. (possibly meaning psychological
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technicians) at Coalinga State Hospital. They seized Plaintiff’s thumb drive, which appeared to
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show sexual abuse of a young child. They did not have a warrant and are not hospital police,
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so they should not have been entitled to seize the evidence. They also took Plaintiff’s property
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on another occasion without having a warrant. This violated hospital rules.
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IV.
ANALYSIS OF PLAINTIFF’S CLAIM
a. Rule 8
As the Court explained in its prior screening order, (ECF No. 12, pgs. 2-3), Federal
Rule of Civil Procedure 8(a) requires a “short and plain statement of the claim showing that the
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pleader is entitled to relief.”
Plaintiff’s complaint is difficult to understand. It provides very little information about
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what happened beyond that two defendants took a thumb drive that belonged to Plaintiff, which
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showed the sexual abuse of a child, without a warrant. Although Plaintiff says this violated
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hospital rules, he does not claim that it violated any specific state or federal constitutional right,
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or allege facts that would show that the right was violated.
Accordingly, the Court recommends dismissing Plaintiff’s complaint on this basis for
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failure to state a claim. As will be described in more detail below, the Court does not
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recommend granting further leave to amend because Plaintiff has already been given leave to
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amend with information about various legal standards and further amendment appears to be
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futile.
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b. Fourth Amendment
Plaintiff appears to claim that Defendants improperly searched and seized his thumb
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drive without a warrant. Plaintiff is at Coalinga State Hospital. Its residents are primarily civil
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detainees.
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The Fourth Amendment provides that “the right of the people to be secure in their
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persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
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violated….” U.S. Const. amend. IV.
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The Fourth Amendment prohibition against unreasonable search and seizure extends to
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incarcerated prisoners and civil detainees. Thompson v. Souza, 111 F.3d 694, 699 (9th Cir.
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1997) (prisoners); Hydrick v. Hunter, 500 F.3d 978, 993 (9th Cir. 2007), judgment vacated on
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other grounds, 556 U.S. 1256 (2009) (civil detainees). However, “‘the reasonableness of a
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particular search [or seizure] is determined by reference to the[detention] [sic] context.”
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Hydrick, 500 F.3d at 993 (alterations in original) (quoting Michenfelder v. Sumner, 860 F.2d
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328, 332 (9th Cir.1988)).
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For the Fourth Amendment to apply, there must be a reasonable expectation of privacy
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in the place that is invaded. Espinosa v. City & Cty. of San Francisco, 598 F.3d 528, 533 (9th
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Cir. 2010). “The contours of an involuntarily confined civil detainee’s right to privacy in his
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room in a secure treatment facility are unclear, but assuming Plaintiff retains any reasonable
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expectation of privacy at all in his living area at Coalinga State Hospital, it would necessarily
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be of a diminished scope given Plaintiff’s civil confinement.” Warrior v. Santiago, 2018 WL
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827616, at *4 (E.D. Cal. Feb. 12, 2018) (collecting cases). Although Plaintiff is not a
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convicted criminal, “he is involuntarily serving a civil commitment term at a secure facility; he
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is not a free individual with a full panoply of rights.” Ryan v. Siqueiros, 2016 WL 2898450, at
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*2 (E.D. Cal. May 18, 2016).
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Plaintiff alleges that his property was taken without a warrant by someone other than
Hospital Police. This alone does not state a claim because Plaintiff is a civil detainee without
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the same expectations of privacy as non-detainees. A warrant is not an absolute requirement
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for a search in his facility, nor is having the search done by hospital staff. Thus, merely
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alleging that a search was done without a warrant by hospital staff does not state a Fourth
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Amendment claim.
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The Court finds that Plaintiff has failed to state a claim based on the Fourth
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Amendment. Although a more thorough analysis of the Fourth Amendment would require
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additional facts than contained in Plaintiff’s brief complaint, the Court does not recommend
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further amendment for reasons described in this order.
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c. Heck Bar
Plaintiff’s Second Amended Complaint does not state what happened to the evidence
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found on his thumb drive that showed sexual abuse of a child. However, it appears that his
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claim may be barred by Heck v. Humphrey to the extent that he is attempting to challenge an
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underlying conviction.
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As the Court stated in its prior screening order (ECF No. 12), in Heck v. Humphrey the
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United States Supreme Court held that, “when a state prisoner seeks damages in a § 1983 suit,
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the district court must consider whether a judgment in favor of the plaintiff would necessarily
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imply the invalidity of his conviction or sentence; if it would, the complaint must be dismissed
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unless the plaintiff can demonstrate that the conviction or sentence has already been
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invalidated. But if the district court determines that the plaintiff's action, even if successful,
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will not demonstrate the invalidity of any outstanding criminal judgment against the plaintiff,
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the action should be allowed to proceed, in the absence of some other bar to the suit.” 512 U.S.
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477, 487 (1994) (footnotes omitted). This rule “applies to SVPA [Sexually Violent Predators
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Act] detainees with access to habeas relief.” Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1140
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(9th Cir. 2005).
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Plaintiff’s complaint lacks details regarding what happened to the evidence. He alleges
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that it was seized by someone who was not authorized to “collect evidence of a crime.” This
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suggests that that evidence was used to prove Plaintiff committed a crime. If so, he cannot
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challenge seizure of that evidence in this case unless he has successfully challenged the seizure
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in his criminal proceedings, or on appeal or through a writ of habeas corpus. Here, Plaintiff has
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alleged no facts suggesting that he has successfully challenged the seizure in his criminal
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proceedings, or on appeal or through a writ of habeas corpus.
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d. Res judicata
Plaintiff’s allegations are also similar, although not exactly the same, as a complaint
that was dismissed in a prior case.
In the case of Yartz v. Coalinga State Hospital, E.D. CA, Case No. 1:15-cv-00005,
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Plaintiff sued the same defendants, Luke Knoll and James Petterson, for searching Plaintiff’s
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room, among other allegations. Magistrate Judge Gary S. Austin dismissed Plaintiff’s claims
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with prejudice for failure to state a claim. (Case No. 1:15-cv-00006, ECF No. 13).
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The doctrine of res judicata bars the re-litigation of claims previously decided on their
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merits. Headwaters, Inc. v. U.S. Forest Serv., 399 F.3d 1047, 1051 (9th Cir. 2005). Under the
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doctrine of claim preclusion, a final judgment on the merits of an action precludes the parties or
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persons in privity with them from litigating the same claim that was raised in that action and all
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claims arising out of the same transaction or occurrence. See Taylor v. Sturgell, 128 S.Ct.
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2161, 2171 (2008); Rest.2d Judgments § 18. “The elements necessary to establish [claim
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preclusion] are: ‘(1) an identity of claims, (2) a final judgment on the merits, and (3) privity
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between parties.’” Headwaters, Inc., 399 F.3d at 1052 (quoting Tahoe–Sierra Pres. Council,
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Inc. v. Tahoe Reg l Planning Agency, 322 F.3d 1064, 1077 (9th Cir. 2003) ). “[T]he doctrine
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of [claim preclusion] ‘bars all grounds for recovery which could have been asserted, whether
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they were or not, in a prior suit between the same parties...on the same cause of
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action.’” Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir. 1982) (quoting)
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(emphasis added).
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It is not clear if res judicata applies based on the brief allegations in this complaint
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because the facts are so sparse. But the allegations appear to overlap with allegations already
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dismissed in a prior lawsuit, and thus res judicata may be another bar to this claim.
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V.
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The Court has reviewed the complaint and finds that it fails to state a claim under the
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CONCLUSION AND RECOMMENDATION
relevant legal standards.
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The Court does not recommend granting further leave to amend. Plaintiff has already
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amended his complaint two times in this case. He has received relevant legal standards from
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this Court, yet still fails to state a claim under those standards. Each of the complaints he has
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filed in this case involve different underlying incidents with minimal factual description.
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Furthermore, there are several legal principles, discussed above, that make it likely Plaintiff
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could not state a claim even if he were given the opportunity to allege more facts, including the
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Heck bar and res judicata.
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Accordingly, the Court HEREBY RECOMMENDS that:
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1. This this action be DISMISSED, with prejudice, based on Plaintiff=s failure to
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state a claim upon which relief may be granted under § 1983, as well as his
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failure to comply with a court order and failure to prosecute this action;
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2. This dismissal be subject to the “three-strikes” provision set forth in § 1915(g).
Coleman v. Tollefson, 135 S. Ct. 1759, 1763 (2015); and
3. The Clerk of Court be directed to close this case.
These findings and recommendations are submitted to the district judge assigned to the
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case, pursuant to the provisions of 28 U.S.C. ' 636(b)(l). Within twenty-one (21) days after
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being served with these findings and recommendations, Plaintiff may file written objections
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with the court. Such a document should be captioned, “Objections to Magistrate Judge’s
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Findings and Recommendations.”
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Plaintiff is advised that failure to file objections within the specified time may result in
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the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)
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(quoting Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
May 29, 2018
/s/
UNITED STATES MAGISTRATE JUDGE
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