Gonzalez v. Superior Court of California, County of Kern, et al.
Filing
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ORDER Directing Clerk of Court to Randomly Assign District Judge to Action; FINDINGS and RECOMMENDATIONS Regarding Dismissal of Action, with Prejudice, for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 02/11/2019. Referred to Judge Ishii; Objections to F&R due by 3/1/2019. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAUL GONZALEZ,
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Plaintiff,
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v.
SUPERIOR COURT OF CALIFORNIA, et
al.,
Defendants.
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FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF ACTION,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM, FAILURE TO OBEY A
COURT ORDER, AND FAILURE TO
PROSECUTE
FOURTEEN (14) DAY DEADLINE
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ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN DISTRICT JUDGE TO
ACTION
(ECF No. 15)
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Case No. 1:18-cv-00555-BAM (PC)
I.
Background
Plaintiff Raul Gonzalez (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action in
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the United States District Court for the Central District of California on April 20, 2018. (ECF
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No. 1.) This action was transferred to the Eastern District on April 25, 2018. (ECF No. 4.)
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On December 28, 2018, the Court granted Plaintiff leave to file an amended complaint or
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a notice of voluntary dismissal. (ECF No. 15.) Plaintiff was expressly warned that if he failed to
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file an amended complaint in compliance with the Court’s order, this action would be dismissed
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for failure to state a claim and failure to obey a court order. (Id. at 8.) The deadline for Plaintiff
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to file a first amended complaint expired on January 30, 2019, and he has not complied with the
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Court’s order or otherwise communicated with the Court.
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II.
Failure to State a Claim
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A.
Screening Requirement
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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
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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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Plaintiff’s Allegations
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B.
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Plaintiff is currently housed at the California Correctional Institution in Tehachapi,
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California, where certain of the events in the complaint are alleged to have occurred. Plaintiff
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names the following defendants in their individual and official capacities: (1) Superior Court of
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California, County of Kern; (2) Warden Sullivan; (3) Dr. Montegrande; and (4) Captain
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Gonzales.
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In the first claim, Plaintiff appears to assert an “access to court” claim against Kern
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County Superior Court. Plaintiff contends that he is requesting “all portion of [his] legal
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documents as follows: Transcript Record, Police Report, DNA Report by the expert, Probation
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Report.” (ECF No. 1 at 3.)
In the second claim, Plaintiff asserts that Warden Sullivan “needs to show cause for
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keeping [Plaintiff] here longer without the proper documents (all portion of my legal documents)
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and [Plaintiff] was in Level II now [he has] been lockdown cell in Level III for 3 months now.”
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(Id. at 3.)
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In the third claim, Plaintiff appears to assert medical issues involving Dr. Montegrande.
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Plaintiff alleges that Dr. Montegrande knows that he is a member of the Americans with
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Disabilities Act. Dr. Montegrande allegedly took Plaintiff’s seizure medications and replaced
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them with medications that he is allergic to. Plaintiff asserts that he is “bipolar with mental
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depression because [he’s] a veteran.” (Id.) Dr. Montegrande also allegedly allowed Plaintiff to
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stay in his cell for more than three months in Level III with limited program, such as shower, day
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room, library, yard “and dirty kitchen on trays and ground floor!” (Id.)
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In the fourth claim, Plaintiff alleges that Captain Gonzales “knows that [he] should not be
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here in level III for no cause [disciplinary] violation, but for more than three months now with
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limited program & access.” (Id. at 4.)
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As relief, Plaintiff seeks damages in the amount of $1.7 million.
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C.
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Plaintiff’s complaint fails to comply with Federal Rules of Civil Procedure 8, 18 and 20
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Discussion
and fails to state a cognizable claim for relief.
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1.
Federal Rule of Civil Procedure 8
Pursuant to Federal Rule of Civil Procedure 8, a complaint must contain “a short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a).
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Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause
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of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678
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(citation omitted). Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a
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claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S.
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at 555). While factual allegations are accepted as true, legal conclusions are not. Id.; see also
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Twombly, 550 U.S. at 556–57; Moss, 572 F.3d at 969.
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Although Plaintiff’s complaint is short, it lacks sufficient factual matter necessary for the
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Court to determine if Plaintiff states a claim to relief that is plausible on its face. At a minimum,
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Plaintiff’s complaint fails to clearly and succinctly state what happened, when it happened and
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who was involved.
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2.
Federal Rules of Civil Procedure 18 and 20
Plaintiff may not bring unrelated claims against unrelated parties in a single action. Fed.
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R. Civ. P. 18(a), 20(a)(2); Owens v. Hinsley, 635 F.3d 950, 952 (7th Cir. 2011); George v. Smith,
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507 F.3d 605, 607 (7th Cir. 2007). Plaintiff may bring a claim against multiple defendants so
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long as (1) the claim arises out of the same transaction or occurrence, or series of transactions and
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occurrences, and (2) there are commons questions of law or fact. Fed. R. Civ. P. 20(a)(2);
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Coughlin v. Rogers, 130 F.3d 1348, 1351 (9th Cir. 1997). The “same transaction” requirement
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refers to similarity in the factual background of a claim. Id. at 1349. Only if the defendants are
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properly joined under Rule 20(a) will the Court review the other claims to determine if they may
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be joined under Rule 18(a), which permits the joinder of multiple claims against the same party.
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Plaintiff may not raise different claims against different defendants in a single action. For
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instance, Plaintiff may not, in a single case, assert a claim related to his mental health treatment
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and placement against one set of defendants while simultaneously asserting an access to courts
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claim against a different set of defendants. Unrelated claims involving multiple defendants
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belong in different suits.
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3.
Kern County Superior Court
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Plaintiff cannot state a claim against the Kern County Superior Court because such suits
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are barred by the Eleventh Amendment. See Simmons v. Sacramento Cty. Super. Ct., 318 F.3d
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1156, 1161 (9th Cir. 2003) (“Plaintiff cannot state a claim against the Sacramento County
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Superior Court (or its employees), because such suits are barred by the Eleventh Amendment”).
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4.
Official Capacity
To the extent Plaintiff is attempting to pursue damages claims against the remaining
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named defendants in their official capacities, he may not do so. “The Eleventh Amendment bars
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suits for money damages in federal court against a state, its agencies, and state officials in their
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official capacities.” Aholelei v. Dep’t. of Pub. Safety, 488 F.3d 1144, 1147 (9th Cir. 2007)
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(citations omitted). However, the Eleventh Amendment does not bar suits seeking damages
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against state officials in their personal capacities, Hafer v. Melo, 502 U.S. 21, 30 (1991); Porter v.
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Jones, 319 F.3d 483, 491 (9th Cir. 2003), or suits for injunctive relief brought against state
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officials in their official capacities, Austin v. State Indus. Ins. Sys., 939 F.2d 676, 680 n.2 (9th
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Cir. 1991). Thus, Plaintiff may only proceed against defendants in their individual capacities for
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monetary damages and in their official capacities for injunctive relief.
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5.
Access to Courts
Inmates have a fundamental constitutional right of access to the courts. Lewis v. Casey,
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518 U.S. 343, 346 (1996). However, the right is limited to direct criminal appeals, habeas
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petitions, and civil rights actions. Id. at 354. In order to state a claim for the denial of court
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access, a prisoner must establish that he suffered an actual injury. Id. at 349. “[A]ctual injury [is]
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actual prejudice with respect to contemplated or existing litigation, such as the ability to meet a
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filing deadline or to present a claim.” Id. at 348; Christopher v. Harbury, 536 U.S. 403, 415
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(2002) (quoting Lewis, 518 U.S. at 353 & n.3); Nevada Dep’t of Corr. v. Greene, 648 F.3d 1014,
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1018 (9th Cir. 2011).
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As indicated above, Plaintiff cannot state an access to court claim against the Kern County
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Superior Court because it is immune from suit. Plaintiff’s complaint also does not state an access
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to court claim against any individual defendant. Plaintiff has not identified a criminal appeal,
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habeas petition or civil rights action connected to this claim. He also has not alleged any actual
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injury from his request for court documents.
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6.
Custody Level
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Although not entirely clear, Plaintiff appears to assert a claim regarding his custody level.
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However, a prisoner does not have a right to a particular classification or custody level under the
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Due Process Clause. See Myron v. Terhune, 476 F.3d 716, 718 (9th Cir. 2007) (concluding
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California prisoner does not have liberty interest in residing at a level III prison as opposed to
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level IV prison); Hernandez v. Johnston, 833 F.2d 1316, 1318 (9th Cir.1987) (“‘[A] prisoner has
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no constitutional right to a particular classification status.’”) (quoting Moody v. Daggett, 429 U.S.
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78, 88 n.9 (1976)). Further, Plaintiff cannot state a cognizable claim under the Eighth
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Amendment based on his alleged improper classification. Myron, 476 F.3d at 719 (finding that
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alleged improper classification to a “level IV” prison does not amount to an infliction of pain and
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is not condemned by the Eighth Amendment).
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To the extent Plaintiff is attempting to challenge his conviction or the validity of his
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continued confinement, the exclusive method for asserting that challenge is by filing a petition for
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a writ of habeas corpus. It has long been established that state prisoners cannot challenge the fact
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or duration of their confinement in a section 1983 action and their sole remedy lies in habeas
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corpus relief. Wilkinson v. Dotson, 544 U.S. 74, 78 (2005).
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7.
Eighth Amendment
Although not entirely clear, it appears Plaintiff may be attempting to assert a claim
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regarding his medical treatment. However, a prisoner’s claim of inadequate medical care does
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not constitute cruel and unusual punishment in violation of the Eighth Amendment unless the
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mistreatment rises to the level of “deliberate indifference to serious medical needs.” Jett v.
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Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104
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(1976)). The two-part test for deliberate indifference requires Plaintiff to show (1) “a ‘serious
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medical need’ by demonstrating that failure to treat a prisoner’s condition could result in further
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significant injury or the ‘unnecessary and wanton infliction of pain,’” and (2) “the defendant’s
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response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096.
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A defendant does not act in a deliberately indifferent manner unless the defendant “knows
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of and disregards an excessive risk to inmate health or safety.” Farmer v. Brennan, 511 U.S. 825,
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837 (1994). “Deliberate indifference is a high legal standard,” Simmons v. Navajo Cty. Ariz.,
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609 F.3d 1011, 1019 (9th Cir. 2010); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004), and
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is shown where there was “a purposeful act or failure to respond to a prisoner’s pain or possible
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medical need” and the indifference caused harm. Jett, 439 F.3d at 1096.
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In applying this standard, the Ninth Circuit has held that before it can be said that a
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prisoner’s civil rights have been abridged, “the indifference to his medical needs must be
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substantial. Mere ‘indifference,’ ‘negligence,’ or ‘medical malpractice’ will not support this
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cause of action.” Broughton v. Cutter Labs., 622 F.2d 458, 460 (9th Cir. 1980) (citing Estelle,
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429 U.S. at 105–06). “[A] complaint that a physician has been negligent in diagnosing or treating
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a medical condition does not state a valid claim of medical mistreatment under the Eighth
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Amendment. Medical malpractice does not become a constitutional violation merely because the
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victim is a prisoner.” Estelle, 429 U.S. at 106; see also Anderson v. Cty. of Kern, 45 F.3d 1310,
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1316 (9th Cir. 1995). Even gross negligence is insufficient to establish deliberate indifference to
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serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).
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Further, a “difference of opinion between a physician and the prisoner—or between
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medical professionals—concerning what medical care is appropriate does not amount to
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deliberate indifference.” Snow v. McDaniel, 681 F.3d 978, 987 (9th Cir. 2012) (citing Sanchez v.
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Vild, 891 F.2d 240, 242 (9th Cir. 1989)), overruled in part on other grounds, Peralta v. Dillard,
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744 F.3d 1076, 1082–83 (9th Cir. 2014); Wilhelm v. Rotman, 680 F.3d 1113, 1122–23 (9th Cir.
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2012) (citing Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986)). Rather, Plaintiff “must
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show that the course of treatment the doctors chose was medically unacceptable under the
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circumstances and that the defendants chose this course in conscious disregard of an excessive
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risk to [his] health.” Snow, 681 F.3d at 988 (citing Jackson, 90 F.3d at 332) (internal quotation
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marks omitted).
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Plaintiff’s complaint fails to contain sufficient facts for the Court to determine if he states
a cognizable deliberate indifference claim against any defendant. At best, Plaintiff’s complaint
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alleges that Dr. Montegrande prescribed him medications that he was allergic to. However, there
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is no factual assertion that Dr. Montegrande knew that Plaintiff was at risk of an allergic reaction
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to certain medications or that Plaintiff suffered any harm from his medical treatment.
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III.
Failure to Prosecute and Failure to Obey a Court Order
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A.
Legal Standard
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Local Rule 110 provides that “[f]ailure . . . of a party to comply with these Rules or with
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any order of the Court may be grounds for imposition by the Court of any and all sanctions . . .
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within the inherent power of the Court.” District courts have the inherent power to control their
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dockets and “[i]n the exercise of that power they may impose sanctions including, where
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appropriate, . . . dismissal.” Thompson v. Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A
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court may dismiss an action, with prejudice, based on a party’s failure to prosecute an action,
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failure to obey a court order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46
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F.3d 52, 53–54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet,
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963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring
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amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130–33 (9th Cir. 1987)
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(dismissal for failure to comply with court order).
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In determining whether to dismiss an action, the Court must consider several factors:
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(1) the public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of
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cases on their merits; and (5) the availability of less drastic sanctions. Henderson v. Duncan, 779
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F.2d 1421, 1423 (9th Cir. 1986); Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988).
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B.
Discussion
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Here, the action has been pending since April 2018, and Plaintiff’s first amended
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complaint is overdue. The Court cannot hold this case in abeyance awaiting compliance by
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Plaintiff. Thus, the Court finds that both the first and second factors weigh in favor of dismissal.
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The third factor, risk of prejudice to defendant, also weighs in favor of dismissal, since a
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presumption of injury arises from the occurrence of unreasonable delay in prosecuting an action.
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Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor usually weighs
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against dismissal because public policy favors disposition on the merits. Pagtalunan v. Galaza,
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291 F.3d 639, 643 (9th Cir. 2002). However, “this factor lends little support to a party whose
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responsibility it is to move a case toward disposition on the merits but whose conduct impedes
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progress in that direction,” which is the case here. In re Phenylpropanolamine (PPA) Prods. Liab.
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Litig., 460 F.3d 1217, 1228 (9th Cir. 2006) (citation omitted).
Finally, the court’s warning to a party that failure to obey the court’s order will result in
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dismissal satisfies the “considerations of the alternatives” requirement. Ferdik, 963 F.2d at 1262;
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Malone, 833 at 132–33; Henderson, 779 F.2d at 1424. The Court’s December 28, 2018 order
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expressly warned Plaintiff that his failure to comply with that order would result in a dismissal of
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this action, with prejudice, for failure to obey a court order and failure to state a claim. (ECF No.
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15, p. 8.) Thus, Plaintiff had adequate warning that dismissal could result from his
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noncompliance.
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Additionally, at this stage in the proceedings there is little available to the Court which
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would constitute a satisfactory lesser sanction while protecting the Court from further
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unnecessary expenditure of its scarce resources. Plaintiff is proceeding in forma pauperis in this
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action, making monetary sanctions of little use, and the preclusion of evidence or witnesses is
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likely to have no effect given that Plaintiff has ceased litigating his case.
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IV.
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Conclusion and Recommendations
Accordingly, the Clerk of the Court is HEREBY DIRECTED 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 pursuant to 28 U.S.C.
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§ 1915A, failure to obey the Court’s December 28, 2018 order (ECF No. 15), and failure to
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prosecute this action.
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These Findings and Recommendations 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 Recommendations, 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 Recommendations.” 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
February 11, 2019
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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