Wallace v. Brown et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/31/11 RECOMMENDING that this action be dismissed for plaintiff's failure to state a claim. Objections due within 14 days after being served with these findings and recommendations. Referred to District Judge John A. Mendez.(Meuleman, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD WALLACE,
Plaintiff,
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No. CIV S-09-0502 JAM EFB P
vs.
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JERRY BROWN et. al.,
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Defendants.
FINDINGS AND RECOMMENDATIONS
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Richard Wallace, an inmate confined at San Quentin State Prison, filed this pro se civil
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rights action under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule
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302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has filed a third amended complaint. See Dckt.
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No. 16. For the reasons set forth below, the court finds that plaintiff’s third amended complaint
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fails to state any claims for which relief can be granted under section 1983 and recommends that
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this action be dismissed with prejudice.
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Pursuant to 28 U.S.C. § 1915A, the court shall review “a complaint in a civil action in
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which a prisoner seeks redress from a governmental entity or officer or employee of a
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governmental entity.” 28 U.S.C. § 1915A(a). “On review, the court shall identify cognizable
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claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous,
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malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief
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from a defendant who is immune from such relief.” Id. § 1915A(b).
On May 4, 2010, the court dismissed plaintiff’s complaint with leave to amend. The
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court held that plaintiff’s claims challenging the validity of his conviction or sentence were
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dismissed without leave to amend. Dckt. No. 7.
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On February 8, 2011, the court dismissed plaintiff’s second amended complaint with
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leave to amend. Dckt. No. 8. The court reiterated that plaintiff’s claims challenging the validity
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of his conviction or sentence had been dismissed without leave to amend, and rejected plaintiff’s
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attempt to revive those complaints.
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Plaintiff has now filed a third amended complaint. The court has reviewed it pursuant to
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28 U.S.C. § 1915A and finds it does not state a cognizable claim under section 1983. Plaintiff
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again alleges that his parole agent, Martinez Geiger, falsified his parole violation report, and that
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he was therefore unconstitutionally denied discharge from parole. He also alleges that parole
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officers Isabelle Voit and Sherri Green presented a falsified presentence report to the Superior
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Court in for his 2007 criminal conviction. He reported the falsification of his parole violation
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report to parole supervisor Laura Campoy, who did not investigate his claims. His criminal
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history and arrest records are outdated and incorrect and contain false information compiled by
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the Department of Justice, the Attorney General, Adult Probation, and the California Department
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of Corrections and Rehabilitation. He reported the inaccuracy of his records to California
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Attorney General Bill Lockyer, who responded that his records were accurate. Plaintiff has filed
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a series of habeas corpus petitions in Solano County Superior Court, the California Court of
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Appeal, and the California Supreme Court.
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As the court has previously explained to plaintiff, his claims challenge the validity of his
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conviction or sentence. The Supreme Court has held that “a state prisoner’s § 1983 action is
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barred (absent prior invalidation)--no matter the relief sought (damages or equitable relief), no
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matter the target of the prisoner’s suit (state conduct leading to conviction or internal prison
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proceedings)--if success in that action would necessarily demonstrate the invalidity of
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confinement or its duration.” Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005) (emphasis added);
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see also Edwards v. Balisok, 520 U.S. 641 (1997); Heck v. Humphrey, 512 U.S. 477 (1994). If
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plaintiff were to succeed on his claims that defendants falsified records leading to the denial of
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parole, those findings would necessarily implicate the constitutionality of plaintiff’s current
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imprisonment. See Heck, 512 U.S. at 487. Although plaintiff alleges that he has filed habeas
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petitions in state court, he has not demonstrated that his sentence has previously been
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invalidated. Therefore, plaintiff cannot proceed under section 1983. Plaintiff may wish to file a
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federal habeas petition instead.
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Accordingly, it is hereby RECOMMENDED that this action be dismissed for plaintiff’s
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failure to state a claim. See 28 U.S.C. § 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128
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(9th Cir. 2000) (indigent prisoner proceeding without counsel must be given leave to file
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amended complaint unless the court can rule out any possibility that the plaintiff could state a
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claim).
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: May 31, 2011.
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