Sigur v. California Department of Corrections and Rehabilitation
Filing
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ORDER directing Clerk of Court to randomly assign a district judge. Case assigned to District Judge Dale A. Drozd. FINDINGS and RECOMMENDATIONS regarding dismissal for failure to state a claim 9 signed by Magistrate Judge Barbara A. McAuliffe on 6/7/2018. Referred to Judge Dale A. Drozd; Objections to F&R due within 14-Days. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION, )
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Defendant.
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1:18-cv-00161-BAM (PC)
JASON STEPHEN SIGUR,
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ORDER DIRECTING CLERK OF COURT
TO RANDOMLY ASSIGN DISTRICT
(ECF No. 9)
FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL FOR FAILURE
TO STATE A CLAIM
FOURTEEN-DAY DEADLINE
Plaintiff Jason Stephen Sigur (“Plaintiff”) is a state prisoner proceeding pro se in this
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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 29, 2018.
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Plaintiff’s complaint filed on January 29, 2018 was screened, and the first amended complaint
(“FAC”) filed on June 6, 2018 (ECF NO. 9) is currently before the Court for screening.
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I.
Screening Requirement and Standard
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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 U.S.C.
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§ 1915(e)(2)(B)(ii).
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A complaint must contain “a short and plain statement of the claim showing that the
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 678,
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129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
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II.
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Plaintiff’s Allegations
Plaintiff is currently housed at Valley State Prison in Chowchilla, California. Plaintiff
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brings suit against (1) K Bradbury, (2) S. Sanders, and (3) G. Murphy, Appeals Coordinator, for
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events arising while Plaintiff was housed at Sierra Conservation Center.
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Plaintiff’s claims arise out of the enactment of Proposition 57. In Claim I, Plaintiff
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alleges that “defendant” discriminated against Plaintiff in applying the non-violent offender
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parole considerations under Proposition 57. Plaintiff alleges that Prop 57 allows inmate with
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non-violent convictions an opportunity to be considered for parole after serving the sentence for
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primary offense. The Defendants have claimed that Plaintiff does not meet the criteria for Prop
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57 because he is convicted sex offender and serving a term of life with the possibility of parole.
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In Claim II, Plaintiff alleges that his right against cruel and unusual punishment has been
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violated. The Public Safety and Rehabilitation Act of 2016 was designed to encourage inmates
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to seek and adhere to rehabilitation programs. CDCR Employees have failed to follow the law
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which cosntitutes cruel and unusual punishment. Plaintiff had been in rehabilitative groups and
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is considered a model inmate, but he cannot qualify for any kind of early release. Plaintiff seeks
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the court instruct the defendants to adhere to the law.
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III.
Deficiencies in Complaint
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As discussed more fully below, Plaintiff's complaint fails to state a cognizable claim.
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A. Lack of Linkage
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Most of plaintiff's allegations fail to assert the requisite causal link between the
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challenged conduct, a specific defendant, and a clearly identified constitutional violation. Under
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§ 1983, Plaintiff must demonstrate that each named defendant personally participated in the
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deprivation of his rights. Ashcroft, 556 U.S. at 676–7; Ewing v. City of Stockton, 588 F.3d 1218,
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1235 (9th Cir. 2009); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff may not
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attribute liability to a group of defendants, or to an entity, but must “set forth specific facts as to
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each individual defendant's” deprivation of his rights. Leer v. Murphy, 844 F.2d 628, 634 (9th
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Cir. 1988); see also Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Liability may not be
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imposed on supervisory personnel under the theory of respondeat superior, as each defendant is
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only liable for his or her own misconduct. Iqbal, 556 U.S. at 676–77; Ewing, 588 F.3d at 1235.
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Supervisors may only be held liable if they “participated in or directed the violations, or knew of
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the violations and failed to act to prevent them.” Lemire v. Cal. Dept. of Corrections &
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Rehabilitation, 726 F.3d 1062, 1074–75 (9th Cir. 2013).
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Plaintiff has not stated what each named individual did or did not do which he contends
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was a violation of his constitutional rights. Plaintiff may not merely allege “defendants”
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engaged in conduct. As plaintiff was previously told, he may not allege a group of defendant
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engaged in conduct. Plaintiff failed to link each defendant to violation of his constitutional
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rights.
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B.
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On November 8, 2016, the California voters approved The Public Safety and
Proposition 57
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Rehabilitation Act of 2016—Proposition (“Prop”) 57—and it took effect the next day. People v.
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Marquez, 11 Cal. App. 5th 816, 821, 217 Cal.Rptr.3d 814 (Cal. App. 2017); Cal. Const., Art. II,
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§ 10(a). Proposition 57 added Article 1, section 32 to the California Constitution. That section
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provides, in relevant part, “Parole consideration: Any person convicted of a nonviolent felony
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offense and sentenced to state prison shall be eligible for parole consideration after completing
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the full term of his or her primary offense,” defined for these purposes as “the longest term of
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imprisonment imposed by the court for any offense, excluding the imposition of an
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enhancement, consecutive sentence, or alternative sentence.” (Cal. Const., art. I, § 32, subds.
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(a)(1), (a)(1)(A).) Proposition 57 only provides an inmate who has completed his base term with
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a hearing before the Board of Parole Hearings (Cal. Const. Art. I, Sec. 32(a)).
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California state court cases addressing application of Proposition 57 are unpublished
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decisions (See Cal. Rules of Court 8.1115). They, nonetheless, uniformly state that Proposition
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57 creates a mechanism for parole consideration, not a vehicle for resentencing, and does not
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entitle Plaintiff to seek relief in court in the first instance. Indeed, the plain language of the Art.
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I, sec. 32 provides that a person is eligible for “parole consideration.” Any determination as to
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appellant's right to parole under Proposition 57 must be made, in the first instance, by the
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appropriate agency.
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Further, Plaintiff’s claim is not cognizable under §1983 as it asserts only a violation or
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misinterpretation of state law. Section 1983 provides a remedy only for violation of the
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Constitution or law or treaties of the United States. Swarthout v. Cooke, 562 U.S. 216, 222, 131
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S. Ct. 859, 863, 178 L. Ed. 2d 732 (2011) (the responsibility for assuring that the constitutionally
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adequate procedures governing California's parole system are properly applied rests with
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California courts). Plaintiff has not alleged that he qualifies for parole consideration under the
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requirements of Proposition 57. State courts “are the ultimate expositors of state law.” Mullaney
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v. Wilbur, 421 U.S. 684, 691, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). Plaintiff is merely alleging
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a violation of state law, which is not cognizable under §1983.
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C. A Section 1983 Lawsuit Cannot Challenge Duration
To the extent Plaintiff seeks to challenge the duration or fact of his sentence, his sole
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federal remedy is a writ of habeas corpus and a lawsuit under 42 U.S.C. § 1983 is inappropriate.
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Preiser v. Rodriguez, 411 U.S. 475, 479 (1973) (“Release from penal custody is not an available
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remedy under the Civil Rights Act”); Young v. Kenny, 907 F.2d 874, 875 (9th Cir. 1989)
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(“Where a state prisoner challenges the fact or duration of his confinement, his sole federal
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remedy is a writ of habeas corpus.”).
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As explained below, in a § 1983 lawsuit, Plaintiff is restricted to limited procedural
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challenges and cannot proceed if he seeks to challenge the validity or duration of his sentence.
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Wilkinson v. Dotson, 544 U.S. 74, 82 (2005) (Ҥ 1983 remains available for procedural
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challenges where success in the action would not necessarily spell immediate or speedier release
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for the prisoner...habeas remedies do not displace § 1983 actions where success in the civil rights
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suit would not necessarily vitiate the legality of (not previously invalidated) state confinement.”).
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Federal courts may order a new parole suitability hearing only under very limited circumstances
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that are not alleged here. See Swarthout v. Cooke, 562 U.S. 216, 219-20 (2011) (federal courts
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may not intervene in a BPH decision if minimum procedural protections were provided, i.e., an
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opportunity to be heard and a statement of the reasons why parole was denied). Thus, Plaintiff’s
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claims are not cognizable to the extent he is seeking to order his immediate or speedier release.
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Plaintiff does not state an Eighth Amendment cruel and unusual punishment claim,
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because he has not alleged that prison officials deprived him of humane conditions of
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confinement—only that they continued to confine him beyond when he believes he should have
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been released under Proposition 57. See Farmer v. Brennan, 511 U.S. 825, 832 (1994) (noting
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that the Eighth Amendment prohibits using excessive physical force against prisoners and
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requires that officials provide humane conditions of confinement).
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D. Equal Protection—Fourteenth Amendment
Plaintiff claims a violation of Equal Protection for treating non-violent sex offenders
differently under Proposition 57.
The Equal Protection Clause requires that persons who are similarly situated be treated
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alike. City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 439 (1985); Hartmann v.
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California Dep’t of Corr. & Rehab., 707 F.3d 1114, 1123 (9th Cir. 2013); Furnace v. Sullivan,
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705 F.3d 1021, 1030 (9th Cir. 2013); Shakur v. Schriro, 514 F.3d 878, 891 (9th Cir. 2008). To
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state a claim, Plaintiff must show that Defendants intentionally discriminated against him based
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on his membership in a protected class. Hartmann, 707 F.3d at 1123; Furnace, 705 F.3d at 1030;
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Serrano v. Francis, 345 F.3d 1071, 1082 (9th Cir. 2003).
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Where no suspect class or fundamental right is implicated, a plaintiff’s equal protection
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claims are subject to a rational basis review. See Village of Willowbrook v. Olech, 528 U.S. 562,
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564 (2000); Juvenile Male, 670 F.3d at 1009; Nelson v. City of Irvine, 143 F.3d 1196, 1205 (9th
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Cir. 1998) (“Unless a classification trammels fundamental personal rights or implicates a suspect
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classification, to meet constitutional challenge the law in question needs only some rational
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relation to a legitimate state interest.”). In the prison context, the right to equal protection is
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viewed through a standard of reasonableness; that is, whether the actions of prison officials are
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“reasonably related to legitimate penological interests.” Walker v. Gomez, 370 F.3d 969, 974
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(9th Cir. 2004) (citing Turner v. Safley, 482 U.S. 78, 89 (1987)).
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Plaintiff has failed to establish that he is a member of a protected class or that he was
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otherwise discriminated against. Sex offenders are not a suspect class, United States v. LeMay,
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260 F.3d 1018, 1030 (9th Cir. 2001). Plaintiff has failed to allege that there is no rational basis
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for treating sex offenders differently than other crimes. Plaintiff’s conclusory allegations that his
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Equal Protection rights have been violated are not sufficient to state a cognizable claim.
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IV.
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Plaintiff’s complaint fails to state a cognizable claim for relief. Despite being provided
Conclusion and Order
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with the relevant pleading and legal standards, Plaintiff has been unable to cure the identified
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deficiencies. The deficiencies of Plaintiff’s complaint cannot be cured be amendment, and thus
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leave to amend is not warranted. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
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Accordingly, the Court HEREBY DIRECTS the Clerk of the Court to randomly assign a
district judge to this action.
Furthermore, for the reasons stated above, IT IS HEREBY RECOMMENDED that this
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action be dismissed, with prejudice, for Plaintiff’s failure to state a claim for which relief may be
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granted.
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These Findings and Recommendation 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 Recommendation, 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 Recommendation.” 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, 772 F.3d 834, 839 (9th Cir.
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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 7, 2018
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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