(PC) Arellano v. CAL PIA et al

Filing 16

ORDER ADOPTING 12 Findings and Recommendations and Dismissing Action for Failure to State a Cognizable Claim for Relief, signed by District Judge Kirk E. Sherriff on 11/25/2024. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOBBY ARELLANO,

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Plaintiff,

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v.

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CAL. PIA, et al.

No. 1:23-cv-01202-KES-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF
Doc. 12

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Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

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U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 18, 2023, the assigned magistrate judge issued findings and

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recommendations to dismiss this action for failure to state a cognizable claim for relief. Doc. 12.

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The findings and recommendations were served on plaintiff and contained notice that objections

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were to be filed within fourteen days. Id. at 6. Plaintiff filed objections on January 2, 2024.

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Doc. 13.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a

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de novo review of this case. In his objections, plaintiff states that he believes key facts and

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evidence that he provided in his first amended complaint were not considered or were

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misrepresented, including evidence of his execution of a government claim and that defendants
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did not follow their own safety policies, leading to his injury. Doc. 13. He also states that

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“under 835 of [the] [C]alifornia [C]onstitution, a[n] entity can be held liable” and that “[he]

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[has] a right to file a second amended complaint.” Id. at 2.

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The magistrate judge correctly noted that plaintiff’s first amended complaint fails to

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state a claim for which relief could be granted. Plaintiff’s objections do not undermine the

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magistrate judge’s analysis. Even if the magistrate judge did not explicitly list every fact

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alleged in the first amended complaint, it is clear the analysis in the findings and

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recommendations reflect the facts that plaintiff notes in his objections. As plaintiff notes, he set

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forth evidence in the form of a “Notice Regarding Temporary Disability Benefits Status” which

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indicates that “liability for this injury ha[d] been accepted.” The findings and recommendations

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are not contrary to this evidence. Indeed, they note that “[a]t most, there may be the possibility

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of negligence for the accidental injury to Plaintiff . . . [but] [n]either accident nor negligence

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constitutes cruel and unusual punishment.” Doc. 12 at 6. Plaintiff has not alleged anything that

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would indicate that defendants acted with a “sufficiently culpable state of mind” more than

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mere negligence – that is, that there was a subjective disregard of a risk of which defendants

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were actually aware. Farmer v. Brennan, 511 U.S. 825, 847 (1994).

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As for plaintiff’s statement that he believes he has a cause of action under the California

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Constitution, this cannot save his complaint from dismissal; plaintiff must assert a cause of

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action regarding a federally protected right to pursue this section 1983 case in federal court.

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See, e.g., Galen v. Cnty. of Los Angeles, 477 F.3d 652, 662 (9th Cir. 2007). Finally, while

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“[p]ro se complaints should be liberally construed and may be dismissed only if the plaintiff can

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prove no set of facts in support of his claim,” Mangiaracina v. Penzone, 849 F.3d 1191, 1195

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(9th Cir. 2017), plaintiff has already been given an opportunity to amend his complaint to cure

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these deficiencies and was unable to do so. Plaintiff has not raised any further facts in his

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objections that would indicate his ability to cure the deficiencies with a second amended

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complaint. Therefore, as noted by the magistrate judge, it appears granting further leave to

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amend would be futile.

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Having carefully reviewed the file, including plaintiff’s objections, the Court concludes
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that the findings and recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1. The findings and recommendations issued on December 18, 2023, Doc. 12, are

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ADOPTED IN FULL;
2. This action is DISMISSED with prejudice for failure to state a claim upon which

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relief can be granted; and
3. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 25, 2024
UNITED STATES DISTRICT JUDGE

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