(PC) Wilson v. Castro

Filing 24

FINDINGS and RECOMMENDATIONS to Dismiss 1 Case without Prejudice signed by District Judge Kirk E. Sherriff on 8/29/2024. Referred to Judge Kirk E. Sherriff. Objections to F&R due within Fourteen (14) Days. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD JAY WILSON,

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Case No. 1:24-cv-00542-HBK

Plaintiff,

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ORDER TO RANDOMLY ASSIGN A
DISTRICT JUDGE

v.

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FINDINGS AND RECOMMENDATIONS TO
DISMISS CASE WITHOUT PREJUDICE1

J. CASTRO, et al.,

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Defendants.

FOURTEEN-DAY OBJECTION PERIOD

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Pending before the Court for screening under 28 U.S.C. § 1915A is Plaintiff’s Complaint.

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(Doc. No. 1, “Complaint”). For the reasons set forth below, the undersigned recommends the

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district court dismiss the Complaint without prejudice because it fails to state any cognizable

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federal claim but afford Plaintiff an opportunity to file an amended complaint.

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SCREENING REQUIREMENT

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A plaintiff who commences an action while in prison is subject to the Prison Litigation

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Reform Act (“PLRA”), which requires, inter alia, the court to screen a complaint that seeks relief

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against a governmental entity, its officers, or its employees before directing service upon any

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defendant. 28 U.S.C. § 1915A. This requires the court to identify any cognizable claims and

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dismiss the complaint, or any portion, if it is frivolous or malicious, if it fails to state a claim upon

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This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302
(E.D. Cal. 2023).

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which relief may be granted, or if it seeks monetary relief from a defendant who is immune from

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such relief. See 28 U.S.C. §§ 1915A(b)(1), (2).

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At the screening stage, the court accepts the factual allegations in the complaint as true,

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construes the complaint liberally, and resolves all doubts in the plaintiff’s favor. Jenkins v.

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McKeithen, 395 U.S. 411, 421 (1969); Bernhardt v. L.A. County, 339 F.3d 920, 925 (9th Cir.

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2003). The Court’s review is limited to the complaint, exhibits attached, materials incorporated

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into the complaint by reference, and matters of which the court may take judicial notice. Petrie v.

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Elec. Game Card, Inc., 761 F.3d 959, 966 (9th Cir. 2014); see also Fed. R. Civ. P. 10(c). A court

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does not have to accept as true conclusory allegations, unreasonable inferences, or unwarranted

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deductions of fact. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). Critical

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to evaluating a constitutional claim is whether it has an arguable legal and factual basis. See

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Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989).

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The Federal Rules of Civil Procedure require only that a complaint include “a short and

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plain statement of the claim showing the pleader is entitled to relief . . ..” Fed. R. Civ. P. 8(a)(2).

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Nonetheless, a claim must be facially plausible to survive screening. This requires sufficient

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factual detail to allow the court to reasonably infer that each named defendant is liable for the

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misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Moss v. U.S. Secret Service,

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572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not

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sufficient, and mere consistency with liability falls short of satisfying the plausibility standard.

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Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969. Although detailed factual allegations are not

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required, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements, do not suffice,” Iqbal, 556 U.S. at 678 (citations omitted), and courts “are not required

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to indulge unwarranted inferences,” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir.

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2009) (internal quotation marks and citation omitted).

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If an otherwise deficient pleading can be remedied by alleging other facts, a pro se litigant

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is entitled to an opportunity to amend their complaint before dismissal of the action. See Lopez v.

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Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d

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245, 248 (9th Cir. 1995). However, it is not the role of the court to advise a pro se litigant on how
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to cure the defects. Such advice “would undermine district judges’ role as impartial

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decisionmakers.” Pliler v. Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131

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n.13.

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BACKGROUND AND SUMMARY OF OPERATIVE PLEADING
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, initiated this action by

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filing a civil rights complaint under 42 U.S.C. § 1983 in the Northern District of California.

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(Doc. No. 1). The case was transferred to the Eastern District of California on May 7, 2024.

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(Doc. No. 13). On August 8, 2024, the undersigned screened Plaintiff’s Complaint and found that

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it failed to state any cognizable constitutional claim. (See Doc. No. 21). The Court advised

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Plaintiff of the pleading deficiencies and applicable law and afforded Plaintiff the opportunity to

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file either: (1) an amended complaint; (2) a notice to stand on the Complaint subject to the

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undersigned recommending the district court dismiss the Complaint; or (3) a notice of voluntary

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dismissal. (Id. at 11-12). On August 28, 2024, Plaintiff filed a Notice to Stand on his Complaint.

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(Doc. No. 22).

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The events giving rise to Plaintiff’s Complaint occurred at Kern Valley State Prison. (See

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generally Doc. No. 1). The Complaint names the following as Defendants: (1) J. Castro,

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Associate Warden and ADA Coordinator at Kern Valley State Prison (“KVSP”); (2) N. Igbinosa,

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Chief Physician and Surgeon at KVSP; (3) Y. Montes, Health Care Compliance Analyst at

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KVSP; (4) V. Bojorquez, Health Care Grievance Coordinator at KVSP; (5) S. Rimbach,

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Associate Warden and ADA Coordinator at KVSP; (6) R. Broomfield, ADA

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Coordinator/Custody Appeals Coordinator at KVSP; (7) Dr. Rhordanz; (8) Dr. A. Zepp; (9) S.

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Forlong, Correctional Officer (“CO”) at KVSP, Facility C; (10) J. Ecker, CO at KVSP, Facility

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C; (11) Rowland, CO at KVSP, Facility C; (12) Gracia, CO at KVSP, Facility C; and (13)

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Ackuendo, Work Exchange Officer at KVSP, Facility C. (Id. at 5-8). Plaintiff sues all

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Defendants in their individual and official capacities. (Id. at 47). Plaintiff’s Complaint numbers

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49 handwritten pages, many of which are faint and difficult to read. (See generally id).

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The Complaint is disjointed and written in narrative-like fashion advancing several
seemingly unrelated claims spanning roughly five years. The allegations are not arranged in
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sequentially numbered paragraphs. It is not clear whether the extraneous facts are provided by

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way of background, or whether Plaintiff includes these factual averments in support of a claim.

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To the extent discernable, the Complaint alleges that over the course of four years, from

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2017 to 2021, various officials at KVSP, including Defendants Zepp and Rhordanz, his primary

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care physicians, and members of the KVSP Reasonable Accommodations Panel exhibited

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deliberate indifference to Plaintiff’s serious medical needs when they denied his repeated requests

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for an ADA cell with grab bars by the toilet and a walker with a seat.2 (See generally id.).

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Plaintiff also contends he was denied appropriate housing in retaliation but does not clearly

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specify the protected conduct that prompted the retaliation. (Id. at 9). On December 2, 2020,

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Plaintiff fell in his cell and broke his finger, which he implies would not have occurred if he had

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been in an appropriate ADA cell. (Id. at 18-19).

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The Complaint alleges that after Plaintiff returned from an out-to-court transfer to R.J.

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Donovan Correctional Facility in June 2018, Defendant Rohrdanz “began slowly taking away

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Plaintiff’s much-needed chronic care pain medications” and did not order Plaintiff’s ADA

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accommodations to be met. (Id. at 10). Rohrdanz also began scheduling out Plaintiff’s

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appointments 90 days from when requested, instead of the usual 30 days. (Id. at 10-11).

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In a seemingly unrelated incident, on February 5, 2019, while Plaintiff was on the

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“Patio” of his yard, Defendant Forlong told Plaintiff he had to take his hat off while on the yard,

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despite it being cold out. (Id. at 33-34). Plaintiff had “never had a run in with . . . Defendant

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Forlong, for the two . . . year[s] [he was] housed on that Facility.” (Id. at 35).

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In another seemingly unrelated incident, on May 30, 2019, Plaintiff was attending his self-

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help group in Dining Hall 2 when officers came to enforce a new security regulation requiring all

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inmates to be in some form of restraint. (Id. at 30). Plaintiff informed Defendant Ecker that he

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could not be placed in handcuffs, per doctor’s orders, and Ecker responded with an expletive and

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told Plaintiff he would be put in handcuffs anyway. (Id.). After Plaintiff insisted, Ecker finally

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agreed to put him in waist restraints, again cursing at Plaintiff. (Id.). Defendant Rowland, who

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The Complaint notes that Plaintiff’s requests were ultimately granted after an attorney from the Prison
Law Office interceded on his behalf. (Id. at 27-28).
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was nearby, told Ecker to “put [the waist restraints on] good an[d] tight,” which Ecker agreed to

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do. (Id. at 31). The restraints were put on Plaintiff so tightly that they cut off the blood flow to

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Plaintiff’s arms for over an hour and Plaintiff was refused any medical treatment. (Id.). Plaintiff

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still has marks on his arms from the restraints, years after the incident.3 (Id.). The Complaint

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alleges that Rowland directed Ecker to put the restraints on tightly in retaliation for a grievance

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Plaintiff filed against Defendant Rohrdanz on March 24, 2019. (Id.).

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In yet another apparently unrelated incident, on or about September 21, 2021, Defendant

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Gracia, a correctional officer in Plaintiff’s housing unit, conspired with another inmate to defraud

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Plaintiff of $427 in Plaintiff’s inmate trust account. (Id. at 37-38). After Plaintiff reported the

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fraud, Plaintiff was subjected to retaliatory actions by Defendant Gracia including repeated cell

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searches and seizure of Plaintiff’s medical devices. (Id. at 38-39).

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Finally, on January 28, 2022, Plaintiff was attending his self-help group and was first in

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line to be searched by Defendant Ackuendo before being admitted to the program. (Id. at 40).

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Instead of searching Plaintiff, Defendant Ackuendo told Plaintiff he would have to go to the end

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of the line of ten inmates because searching him would take longer due to his disability, forcing

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Plaintiff to wait in the cold and rain for more than 30 minutes. (Id. at 40-41). Plaintiff contends

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Ackuendo’s treatment was retaliation for Plaintiff filing of a grievance against Defendant Gracia.

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(Id. at 42).

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As relief, Plaintiff seeks $5 million from each Defendant for each cause of action,
unspecified injunctive relief, a trial by jury, and costs and fees. (Id. at 47).

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APPLICABLE LAW AND ANALYSIS

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A. Statute of Limitations

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“A claim may be dismissed [for failing to state a claim] on the ground that it is barred by

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the applicable statute of limitations only when ‘the running of the statute is apparent on the face

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of the complaint.’” Von Saher v. Norton Simon Museum of Art at Pasadena, 592 F.3d 954, 969

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(9th Cir. 2010) (quoting Huynh v. Chase Manhattan Bank, 465 F.3d 992, 997 (9th Cir. 2006)).

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The Complaint states that Plaintiff still has marks “even [though] these events took place over three (3) years ago.”
(Doc. No. 1 at 31). The incident in fact took place nearly five years ago.
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Such a dismissal is proper so long as Plaintiff is provided an opportunity to amend in order to

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allege facts which, if proved, might support tolling. Cervantes v. City of San Diego, 5 F.3d 1273,

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1276–77 (9th Cir. 1993) see also Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning

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Agency, 216 F.3d 764, 788 (9th Cir. 2000) (court may raise the defense of statute of limitations

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sua sponte), overruled on other grounds by Gonzalez v. Arizona, 677 F.3d 383, 389 (9th Cir.

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2011) (en banc); Hughes v. Lott, 350 F.3d 1157, 1163 (11th Cir. 2003) (upholding sua sponte

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dismissal under 28 U.S.C. § 1915(e)(2)(B) of prisoner’s time-barred complaint).

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Because section 1983 contains no specific statute of limitation, federal courts apply the
forum state’s statute of limitations for personal injury actions. Jones v. Blanas, 393 F.3d 918, 927

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(9th Cir. 2004); Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004); Fink v. Shedler, 192

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F.3d 911, 914 (9th Cir. 1999). California’s statute of limitations for personal injury actions is two

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years. Jones, 393 F.3d at 927 (citing Cal. Code Civ. Proc. § 335.1). The law of the forum state

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also governs tolling. Wallace v. Kato, 549 U.S. 384, 394 (2007) (citing Hardin v. Straub, 490

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U.S. 536, 538–39 (1989)); Jones, 393 F.3d at 927 (noting that in actions where the federal court

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borrows the state statute of limitation, the federal court also borrows all applicable provisions for

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tolling the limitations period found in state law). Under California law, the statute of limitations

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for prisoners serving less than a life sentence is tolled for two years. Cal. Code Civ. Proc..

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§ 352.1(a); Johnson v. California, 207 F.3d 650, 654 (9th Cir. 2000), overruled on other grounds,

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543 U.S. 499 (2005). Accordingly, the effective statute of limitations for most California

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prisoners is four years (two-year limitations period plus two years statutory tolling).

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Unlike the length of the limitations period, however, “the accrual date of a § 1983 cause

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of action is a question of federal law that is not resolved by reference to state law.” Wallace, 549

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U.S. at 388; Hardin, 490 U.S. at 543–44 (federal law governs when a § 1983 cause of action

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accrues). “Under the traditional rule of accrual . . . the tort cause of action accrues, and the statute

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of limitation begins to run, when the wrongful act or omission results in damages.” Wallace, 549

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U.S. at 391. Put another way, “[u]nder federal law, a claim accrues when the plaintiff knows or

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has reason to know of the injury which is the basis of the action.” Maldonado, 370 F.3d at 955;

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Two Rivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999).
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It is clear from the face of the Complaint that some of the incidents giving rise to

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Plaintiff’s claims occurred more than four years before he filed his Complaint on April 4, 2024.

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For example, his claims based on his initial denial of an ADA cell at KVSP in March 2017, his

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claim against Defendant Rohrdanz for taking away his chronic pain medications beginning in

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June 2018, his claim against Defendant Forlong based on a February 5, 2019 incident in which

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Forlong made Plaintiff take off his warm cap, and his claim against Defendants Ecker and

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Rowland for placing overtight waist restraints on him in May 2019 all appeared to be time-barred.

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Wilson’s claims could be considered timely if, in his Complaint, he alleged facts sufficient

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to show the limitations period may be equitably tolled. See Cervantes, 5 F.3d at 1276–77.

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Generally, federal courts also apply the forum state’s law regarding equitable tolling. Fink, 192

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F.3d at 914; Bacon v. City of Los Angeles, 843 F.2d 372, 374 (9th Cir. 1988). Under California

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law, however, Plaintiff must meet three conditions to equitably toll the statute of limitations: (1)

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he must have diligently pursued his claim; (2) his situation must be the product of forces beyond

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his control; and (3) Defendants must not be prejudiced by the application of equitable tolling. See

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Hull v. Central Pathology Serv. Med. Clinic, 28 Cal. App. 4th 1328, 1335 (Cal. Ct. App. 1994);

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Addison v. State of California, 21 Cal.3d 313, 316–17 (1978); Fink, 192 F.3d at 916. Wilson has

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not pled any facts which would explain why he did not diligently pursue his claims arising

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between 2017 and 2019 or what “forces beyond his control” prevented him from filing this action

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earlier. Thus, he has not plausibly alleged a claim for equitable tolling. See Cervantes, 5 F.3d at

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1277; Iqbal, 556 U.S. at 679; Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir. 1993) (plaintiff

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carries the burden to plead facts which would give rise to equitable tolling); see also

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Kleinhammer v. City of Paso Robles, 385 Fed. App’x. 642, 643 (9th Cir. 2010). Rather than

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address the apparent statute of limitations issue, Plaintiff elects to stand on his Complaint. Thus,

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the Court presumes that Plaintiff disputes that the claims noted above untimely.

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B. Rule 8

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Rule 8(a) of the Federal Rules of Civil Procedure requires a “short and plain statement of

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the claim.” Fed. R. Civ. P. 8(a)(2). Rule 8 states that “[e]ach allegation must be simple, concise,

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and direct.” Id., 8(d)(1). A complaint having the factual elements of a cause of action scattered
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throughout the complaint and not organized into a “short and plain statement of the claim” may

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be dismissed for failure to satisfy Rule 8(a). See Sparling v. Hoffman Constr. Co., 864 F.2d 635,

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640 (9th Cir. 1988); see also McHenry v. Renne, 84 F.3d 1172 (9th Cir. 1996). Rule 10(b) of the

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Federal Rules of Civil Procedure also requires a plaintiff to state claims in “numbered paragraphs,

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each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b).

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Moreover, “[i]f doing so would promote clarity, each claim founded on a separate transaction or

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occurrence . . . must be stated in a separate count.” Id. It is not the responsibility of the Court to

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review a rambling narrative to determine the number and nature of a plaintiff’s claims. Howard

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v. Nunley, 2009 WL 30304, at *1 (E.D. Cal. Jan. 6, 2009).

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To ensure compliance with Rule 8, courts of the Eastern District of California generally

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limit complaints to twenty-five pages. See Lal v. United States, 2022 WL 37019, at *2 (E.D. Cal.

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Jan. 3, 2022); Williams v. Corcoran State Prison, 2022 WL 1093976, at *1 (E.D. Cal. Apr. 12,

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2022). The page limit includes the complaint itself and any exhibits, for a total of twenty-five

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pages. See Rivas v. Padilla, 2022 WL 675704, at *2 (E.D. Cal. Mar. 7, 2022). “[A] lengthy

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complaint can violate Rule 8 if a defendant would have difficulty responding to the complaint.”

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Skinner v. Lee, 2021 WL 6617390, *2-*3 (C. D. Cal. May 20, 2021) (citing Cafasso v. Gen.

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Dynamics C4 Sys., Inc., 637 F.3d 1047, 1059 (9th Cir. 2011). A court has the power to dismiss a

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complaint when a plaintiff fails to comply with Rules 8’s pleading directives. McHenry, 84 F.3d

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at 1179; Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir. 1981).

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Plaintiff’s Complaint numbers 49 handwritten pages, and consists of a lengthy, rambling

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narrative spanning five years. The Complaint is not organized into numbered paragraphs, as

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required by Fed. R. Civ. P. 10(b), nor does it identify distinct claims or counts. It fails to set forth

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claims in “short and plain” statements what each Defendant did to violate his rights, and thus

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violates Rule 8. See Knapp v. Hogan, 738 F.3d 1106, 1109 (9th Cir. 2013) (recognizing that Rule

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8 can be violated when the plaintiff provides too much information). Due to these deficiencies,

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the Court cannot meaningfully evaluate the Complaint, as required by 28 U.S.C. § 1915A(a). See

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Howard, 2009 WL 30304, at 1.

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As set forth more below, the Complaint also includes numerous unrelated claims that
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cannot be properly joined in a single lawsuit. The Court warned Plaintiff in its August 8, 2024

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screening order that if he failed to file an amended complaint containing a more focused set of

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claims against a smaller set of Defendants, he may be subject to sanctions, including the

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undersigned recommending the District Court dismiss this case for failure to comply with Rule 8.

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(Doc. No. 21 at 9). Plaintiff elected to stand on his Complaint rather than file an amended

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complaint curing the deficiencies in the initial Complaint. Thus, the undersigned recommends the

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district court dismiss the Complaint based on Plaintiffs failure to comply with Rule 8.

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C. Related Claims and Joinder

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The Rules permit a complaint to include all related claims against a party and permit

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joinder of all defendants alleged to be liable for the “same transaction, occurrence, or series of

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transactions or occurrences” where “any question of law or fact common to all defendants will

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arise in the action.” Fed. R. Civ. P. 18(a) and 20(a)(2) (emphasis added). But the Rules do not

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permit conglomeration of unrelated claims against unrelated defendants in a single lawsuit.

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Further, just “because the claims arose while Plaintiff was at the same institution does not make

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the claims properly joined.” Camposeco v. Bordeaux, 2020 WL 5984420, at *5 (E.D. Cal. Jul.

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31, 2020).

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The controlling principle appears in Fed. R. Civ. P. 18(a): ‘A party
asserting a claim to relief as an original claim, counterclaim, crossclaim, or third-party claim, may join, either as independent or as
alternate claims, as many claims, legal, equitable, or maritime, as the
party has against an opposing party.’ Thus multiple claims against a
single party are fine, but Claim A against Defendant 1 should not be
joined with unrelated Claim B against Defendant 2. Unrelated claims
against different defendants belong in different suits, not only to
prevent the sort of morass [a multiple claim, multiple defendant] suit
produce[s], but also to ensure that prisoners pay the required filing
fees-for the Prison Litigation Reform Act limits to 3 the number of
frivolous suits or appeals that any prisoner may file without
prepayment of the required fees. 28 U.S.C. § 1915(g).

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K’napp v. California Dept. of Corrections, 2013 WL 5817765, at *2 (E.D. Cal., Oct. 29, 2013),

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aff’d sub nom. K’napp v. California Dept. of Corrections & Rehabilitation, 599 Fed. Appx. 791

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(9th Cir. 2015) (alteration in original) (quoting George v. Smith, 507 F.3d 605, 607 (7th Cir.

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2007). Here, the Complaint alleges claims based on at least nine incidents that span five years

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and involve 13 different Defendants. The fact that the claims all allege actions by staff within the
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same facility is not sufficient to establish that they are related and therefore properly joined. See

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Camposeco, 2020 WL 5984420 at *5 (“Merely because the claims arose while Plaintiff was at the

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same institution does not make the claims properly joined.”).

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Plaintiff’s Complaint presents just the sort of “morass” that the PLRA and the joinder

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rules are intended to prevent. K’napp, 2013 WL 5817765, at *2. Although some of Plaintiff's

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claims appear to be related, many are not. For example, the February 2019 incident involving

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Defendant Forlong telling Plaintiff to remove his hat while on the yard, the May 2019 incident

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involving the placement of waist restraints on Plaintiff, the September 2021 incident in which

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Defendant Gracia defrauded Plaintiff of $427 and the January 2022 incident where Plaintiff was

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forced by Defendant Ackuendo to wait 30 minutes in the rain for his self-help class have no

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apparent connection to the denials of Plaintiff’s requests for medical accommodations or denial of

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his requested pain medication. Nor are these incidents obviously connected to each other, except

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by Plaintiff’s vague contention that all of the Facility C staff have animus against him and are

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retaliating against Plaintiff on each other’s behalf.

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The Complaint is devoid of facts alleging that all of these disparate incidents and claims

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arise from the same transaction, occurrence, or series of transactions or occurrences.

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Accordingly, they are misjoined. If Plaintiff wishes to pursue the claims asserted here, he must

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file them under separate actions.

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D. ADA/RA Claims

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Title II of the ADA and the RA apply to inmates within state prisons. Pennsylvania Dept.

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of Corrections v. Yeskey, 524 U.S. 206 (1998); see also Armstrong v. Wilson, 124 F.3d 1019,

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1023 (9th Cir. 1997); Duffy v. Riveland, 98 F.3d 447, 453–56 (9th Cir.1996). To state a claim

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under the ADA, plaintiff must have been “improperly excluded from participation in, and denied

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the benefits of, a prison service, program, or activity on the basis of his physical handicap.”

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Armstrong, 124 F.3d at 1023. “To establish a violation of [Section] 504 of the RA, a plaintiff

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must show that (1)[he] is handicapped within the meaning of the RA; (2)[he] is otherwise

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qualified for the benefit or services sought; (3)[he] was denied the benefit or services solely by

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reason of [his] handicap; and (4) the program providing the benefit or services receives federal
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financial assistance.” Id. Because Plaintiff’s Complaint suffers from the basic deficiencies noted

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above, the Court cannot meaningfully evaluate Plaintiff’s claims under the ADA and RA.

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Nonetheless, the Court provided Plaintiff with the applicable law should he wish to proceed on an

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ADA or RA claim in his amended complaint.

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CONCLUSION
The Court pointed out the above deficiencies in its August 8, 2024 Screening Order. (See

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Doc. No. 21 at 9, 11-12). Specifically, the Court advised Plaintiff that his Complaint failed to

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comply with Rules 8 and 10, contained misjoined claims, and failed to state a claim, but afforded

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Plaintiff the opportunity to file an amended complaint. The Court further instructed Plaintiff that

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is he chose to amend his complaint he must select only those related claims and show a causal

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connection between a Defendant’s actions and/or failure to act and the alleged violation. Further,

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given the difficulty in reading Plaintiff’s Complaint, the Court directed Plaintiff to ensure that his

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amended complaint is legible, preferably typewritten or if handwritten he must use dark ink, and

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the amend complaint may be no more than 25 pages. The Court advised Plaintiff that he also

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must identify each cause of action or claim, and then briefly list the facts in support of each cause

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of action in sequentially numbered paragraphs. The amended complaint should not contain

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extraneous information, such as the history of Plaintiff’s health care issues at other institutions or

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diary-like descriptions of events. As noted supra, Plaintiff elected not to file an amended

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complaint, instead wish to stand on his Complaint.

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RECOMMENDATION
Based on the above, the undersigned finds Plaintiff’s Complaint fails to comport with the

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Court’s rules of procedure and otherwise fails to state any cognizable claim. The undersigned

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recommends that the district court dismiss the Complaint without prejudice to Plaintiff refiling an

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amended complaint as directed above on those claims that are related and are not barred by the

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statute of limitations.

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ACCORDINGLY, it is ORDERED:

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The Clerk of Court randomly assign this case to a district judge for consideration of these

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Findings and Recommendation.
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It is further RECOMMENDED:

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The Complaint (Doc. No. 1) be dismissed under § 1915A for failure to state a claim

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without prejudice and Plaintiff be afforded an opportunity to file an amended complaint as

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directed above.

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NOTICE TO PARTIES

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

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after being served with a copy of these Findings and Recommendations, a party may file written

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objections with the Court. Id.; Local Rule 304(b). The document should be captioned,

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“Objections to Magistrate Judge’s Findings and Recommendations.” The assigned District Judge

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will review these Findings and Recommendations under 28 U.S.C. § 636(b)(l)(C). A party’s

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failure to file objections within the specified time may result in the waiver of certain rights on

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appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).

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Dated:

August 29, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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