Knapp v. Hickman et al

Filing 244

ORDER signed by Judge Kimberly J. Mueller on 09/30/2011 ORDERING 240 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; Defendants' Motions for Summary Judgment 201 238 are GRANTED; 220 Motion to Strike is GRANTED; Clerk of the Court is directed to enter judgment and close this case. CASE CLOSED (Andrews, P) Modified docket text on 9/30/2011 (Waggoner, D).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC CHARLES RODNEY KNAPP,

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Plaintiff,
vs.

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No. CIV S-05-2520-KJM-CMK-P

ORDER

RODERICK HICKMAN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 7, 2011, the court declined to adopt a portion of the magistrate judge’s

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earlier findings and recommendations on defendants’ motion for summary judgment and referred

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that portion to the magistrate judge.
On July 7, 2011, the magistrate judge filed further findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. Plaintiff has filed timely objections to the findings and

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recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the file,

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the court finds the findings and recommendations as to claim 9 in the amended complaint to be

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supported by the record and proper analysis. As the magistrate judge notes, the plaintiff does not

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clearly say in claim 9 that he was threatened with or subjected to disciplinary proceedings, but

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rather that MAC members generally were threatened. Although this court must view plaintiff’s

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allegations in the light most favorable to his claim and must construe his claims liberally, liberal

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construction does not allow it to fill in the gaps of plaintiff’s pleadings. Pena v. Gardner, 976

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F.2d 469, 471 (9th Cir. 1992) (liberal interpretation of a pro se complaint “‘may not supply

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essential elements of the claim that were not initially pled’” (quoting Ivey v. Board of Regents,

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673 F.2d 266, 268 (9th Cir. 1982))). Defendants are entitled to summary judgment on claim 9.

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In claims 10m, o and x plaintiff alleges that defendants Etheredge, Gutierrez,

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Hogan, Lattimore, Poe and Warren caused plaintiff “to suffer retaliatory and false disciplinary

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action;” that “during the ‘investigation’ supposedly conducted on Plaintiff’s behalf by an

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assigned guard,” defendants Etheredge, Gutierrez, Hogan, Lattimore, Poe and Warren prevented

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plaintiff’s inmate witnesses from answering plaintiff’s questions, through his investigator; and

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that on April 29, 2003, Etheredge, Gutierrez, Lattimore and Warren “caused plaintiff to be

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transferred to a higher-security prison.” The court has reviewed the magistrate judge’s original

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findings and recommendations and the renewed findings and recommendations and finds the

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latter supported by the proper analysis as to claims 10m, o and x. The magistrate judge explains

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that defendants had presented evidence showing they relied on several sources of information in

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pursuing disciplinary proceedings and in determining to transfer plaintiff to a different

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institution, which shifted the burden to plaintiff to demonstrate the absence of a legitimate

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peonological purpose; defendants did not rely merely on the outcome of a neutral process, as in

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Bruce v. Ylst, 351 F.3d 1283, 1289 (9th Cir. 2003). See generally ECF No. 201-8

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¶¶ 16-29. In sum, the findings and recommendations as to claims 10m and x are supported by

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the record and proper analysis.

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Finally, plaintiff has presented no evidence that the defendants threatened inmate

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witnesses whom plaintiff sought to have interviewed in connection with the then-pending

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disciplinary proceedings. This portion of the findings and recommendations as to claim 10o is

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also supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed July 7, 2011, are adopted in full;

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2.

Defendants’ motions for summary judgment (ECF Nos. 201, 238) are

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Plaintiff’s motion to strike is granted (ECF No. 220); and

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The Clerk of the Court is directed to enter judgment and close this case.

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DATED: September 30, 2011.

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granted;

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UNITED STATES DISTRICT JUDGE

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