MacLean v. Solano County Jail et al

Filing 10

ORDER signed by Magistrate Judge Craig M. Kellison on 1/3/13 ORDERING that this action is dismissed without prejudice. The Clerk of the Court is directed to enter judgement and close this file. CASE CLOSED.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW T. MacLEAN,

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Plaintiff,
vs.

ORDER

SOLANO COUNTY JAIL, et al.,
Defendants.

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No. 2:12-CV-2051-CMK-P

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C.

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§ 636(c) and no other party has been served or appeared in the action. Pending before the court

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is plaintiff’s complaint (Doc. 1).

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The court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or

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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover,

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the Federal Rules of Civil Procedure require that complaints contain a “. . . short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2).

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This means that claims must be stated simply, concisely, and directly. See McHenry v. Renne,

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84 F.3d 1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied

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if the complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon

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which it rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must

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allege with at least some degree of particularity overt acts by specific defendants which support

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the claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is

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impossible for the court to conduct the screening required by law when the allegations are vague

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and conclusory.

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Addressing plaintiff’s complaint, the court summarized plaintiff’s allegations as
follows:

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Plaintiff claims:

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I am currently an inmate at Solano County Jail, arrived 5-712. During my time at this facility I have sent numerous legal
materials through postal service to outside legal services. The mail
procedure refuses to allow legal confidential material to be viewed
and sealed by correctional staff in my presence. I have to enclose
confidential legal material and place address on legal assistance
form . . . unsealed and put in outgoing mail, unknown to whom is
reviewing my mail prior to approval and sending out material.

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Plaintiff seeks an order imposing revised and appropriate mail handling
procedures. Plaintiff names as defendants the Solano County Jail as well
as Gary Stanton, the Solano County Sheriff.

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The court then stated:
In this case, while plaintiff has outlined potentially
defective mail handling procedures at the Solano County Jail, he has not
identified any actual injury that would give him standing to sue. It thus
appears that plaintiff cannot state a cognizable First Amendment claim.

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Plaintiff was directed to show cause in writing why this action should not be dismissed for failure

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to state a claim and was cautioned that failure to respond could result in dismissal of the action.

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To date, more than 30 days have passed and plaintiff has not responded to the court’s order.
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Both for the substantive reasons outlined above and plaintiff’s failure to respond

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to the court’s order to show cause, this action is dismissed without prejudice. The Clerk of the

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Court is directed to enter judgement and close this file.

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IT IS SO ORDERED.

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DATED: January 3, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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