Harris v. High Desert State Prison et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/30/2011 RECOMMENDING that defendant's 40 motion to dismiss be denied. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEE EDWARD HARRIS,
Plaintiff,
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No. CIV S-10-1031 JAM EFB P
vs.
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HIGH DESERT STATE PRISON, et al.,
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Defendants.
FINDINGS AND RECOMMENDATIONS
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. This action proceeds on plaintiff’s claim that defendant Sisson violated his right
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to due process at a prison disciplinary hearing by: (1) not allowing him to call witnesses in his
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defense; and (2) finding him guilty despite evidence showing otherwise. Dckt. No. 30. As a
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result, plaintiff claims he was incorrectly found guilty of attempted murder of a correctional
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officer and sentenced to four years in the Security Housing Unit. Id. Defendant moves to
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dismiss plaintiff’s complaint for failure to state a claim pursuant to Federal Rule of Civil
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Procedure (“Rule”) 12(b)(6). For the reasons provided below, the undersigned recommends that
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defendant’s motion be denied.
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I.
Legal Standards
To survive dismissal for failure to state a claim pursuant to Rule 12(b)(6), a complaint
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must contain more than a “formulaic recitation of the elements of a cause of action”; it must
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contain factual allegations sufficient to “raise a right to relief above the speculative level.” Bell
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Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “The pleading must contain something more
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. . . than . . . a statement of facts that merely creates a suspicion [of] a legally cognizable right of
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action.” Id. (quoting 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-
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236 (3d ed. 2004)). “[A] complaint must contain sufficient factual matter, accepted as true, to
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‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949
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(2009) (quoting Twombly, 550 U.S. at 570). “A claim has facial plausibility when the plaintiff
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pleads factual content that allows the court to draw the reasonable inference that the defendant is
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liable for the misconduct alleged.” Id. Dismissal is appropriate based either on the lack of
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cognizable legal theories or the lack of pleading sufficient facts to support cognizable legal
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theories. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).
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In considering a motion to dismiss, the court must accept as true the allegations of the
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complaint in question, Hospital Bldg. Co. v. Rex Hosp. Trs., 425 U.S. 738, 740 (1976), construe
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the pleading in the light most favorable to the party opposing the motion, and resolve all doubts
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in the pleader’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421, reh’g denied, 396 U.S. 869
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(1969). The court will “‘presume that general allegations embrace those specific facts that are
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necessary to support the claim.’” Nat’l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 256
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(1994) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992)).
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Pro se pleadings are held to a less stringent standard than those drafted by lawyers.
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Haines v. Kerner, 404 U.S. 519, 520 (1972); Bretz v. Kelman, 773 F.2d 1026, 1027 n.1 (9th Cir.
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1985). However, the court’s liberal interpretation of a pro se litigant’s pleading may not supply
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essential elements of a claim that are not plead. Pena v. Gardner, 976 F.2d 469, 471 (9th Cir.
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1992); Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982).
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Furthermore, “[t]he court is not required to accept legal conclusions cast in the form of factual
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allegations if those conclusions cannot reasonably be drawn from the facts alleged.” Clegg v.
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Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994). Neither need the court accept
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unreasonable inferences, or unwarranted deductions of fact. W. Mining Council v. Watt, 643
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F.2d 618, 624 (9th Cir. 1981).
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The court may consider facts established by exhibits attached to the complaint. Durning
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v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir. 1987). The court may also consider facts
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which may be judicially noticed, Mullis v. U.S. Bankr. Ct., 828 F.2d at 1388, and matters of
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public record, including pleadings, orders, and other papers filed with the court. Mack v. South
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Bay Beer Distribs., 798 F.2d 1279, 1282 (9th Cir. 1986).
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A pro se litigant is entitled to notice of the deficiencies in the complaint and an
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opportunity to amend, unless the complaint’s deficiencies could not be cured by amendment.
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See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987).
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II.
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Discussion
In his motion to dismiss, defendant contends that plaintiff’s due process claim should be
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dismissed because plaintiff has not shown that the guilty determination for attempted murder has
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been invalidated as required by Heck v. Humphrey, 512 U.S. 477 (1984). However, defendant
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has not shown that reversal of the guilty finding or invalidation of the SHU sentence would have
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any impact on plaintiff’s criminal conviction or the duration of his attendant incarceration (e.g.,
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by requiring the restoration of forfeited good-time credits). See Edwards v. Balisok, 520 U.S.
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641, 648 (1997) (holding that a prisoner’s § 1983 claim is barred by Heck where success on the
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action would necessarily imply the invalidity of an administrative forfeiture of good-time
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credits). The Heck bar – which exists simply to preserve the rule that challenges which, if
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successful, would necessarily imply the invalidity of incarceration or its duration must be
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brought via petition for writ of habeas corpus – applies only in such circumstances. Muhammad
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v. Close, 540 U.S. 749, 751-52 & n.1 (2004). In challenging the validity of the disciplinary
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proceedings, plaintiff is only challenging the conditions of his confinement and Heck does not
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bar his claim. See Ramirez v. Galaza, 334 F.3d 850, 857 (9th Cir. 2003) (Heck’s favorable
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termination rule does not apply to § 1983 cases where success in the action would not necessitate
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earlier release).
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III.
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Conclusion
Accordingly, it is hereby RECOMMENDED that defendant’s April 15, 2011 motion to
dismiss be denied.
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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: November 30, 2011.
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