Whitaker v. Crane, et al.
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/21/16 recommending that this action be dismissed without leave to amend for failure to state a claim. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH WHITAKER,
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Plaintiff,
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No. 2:13-cv-00505 KJM CKD P (TEMP)
v.
FINDINGS & RECOMMENDATIONS
CRANE, et al.,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed
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pursuant to 42 U.S.C. § 1983. Plaintiff’s fourth amended complaint is before the court for
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screening.
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I.
Screening Requirement
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The in forma pauperis statute provides, “Notwithstanding any filing fee, or any portion
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thereof, that may have been paid, the court shall dismiss the case at any time if the court
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determines that . . . the action or appeal . . . fails to state a claim upon which relief may be
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granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).
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II.
Pleading Standard
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Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or
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immunities secured by the Constitution and laws of the United States.” Wilder v. Virginia Hosp.
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Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of
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substantive rights, but merely provides a method for vindicating federal rights conferred
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elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
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To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a
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right secured by the Constitution or laws of the United States was violated and (2) that the alleged
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violation was committed by a person acting under the color of state law. See West v. Atkins, 487
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U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
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A complaint must contain “a short and plain statement of the claim showing that the
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pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient factual
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matter, accepted as true, to state a claim to relief that is plausible on its face.” Id. Facial
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plausibility demands more than the mere possibility that a defendant committed misconduct and,
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while factual allegations are accepted as true, legal conclusions are not. Id. at 677-78.
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III.
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Plaintiff’s Amended Complaints
Plaintiff initiated this action on March 13, 2013. (ECF No. 1.) On March 26, 2013,
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plaintiff’s complaint was dismissed with leave to amend on the ground that the allegations were
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so vague and conclusory that the court was unable to determine whether the action is frivolous or
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fails to state a claim. (ECF No. 4.)
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Thereafter, plaintiff filed two first amended complaints: on April 4, 2013, plaintiff filed an
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amended complaint using the court’s form complaint for a civil rights action, and on May 30,
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2013, plaintiff filed a handwritten document styled, “Amended Complaint 42 USC 1983 +
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Exhibits.” (ECF Nos. 7, 10.) Out of an abundance of caution, the court reviewed both of these
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pleadings and determined that plaintiff again failed to state a claim because he failed to clarify the
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nature of the alleged misconduct, the involvement of each named defendant, and which of his
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constitutional rights were allegedly violated as a result of the misconduct. (ECF No. 15.) Plaintiff
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was granted leave to amend.
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On December 5, 2013, plaintiff filed a second amended complaint alleging that he had
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been placed in a “Mental Health Crisis Bed” (“MHCB”) in retaliation for filing a grievance
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against Correctional Officer (“CO”) Crane, and that correctional officials then refused to process
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plaintiff’s administrative grievances. (ECF No. 20.) The court dismissed this pleading on August
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4, 2014, for failure to state a claim, noting that plaintiff failed to cure the deficiencies previously
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identified. (ECF No. 23.) Plaintiff was then granted one final opportunity to file an amended
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complaint that states legally cognizable claims.
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On December 17, 2014, plaintiff filed a third amended complaint. (ECF No. 26.) After
plaintiff’s motion to amend was granted on September 23, 2015, he filed the operative fourth
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amended complaint on October 19, 2015. (ECF No. 41.) This pleading is now before the court for
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screening.
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IV.
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Allegations in Fourth Amended Complaint
At all times relevant to this action, plaintiff was housed at California State Prison in
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Represa, California. He names Psychologist C.F. Weber, Psychiatrist Dr. Bowerman, Sergeant
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(now a Lieutenant) Jones, Lt. Johnson, Captain (or Lieutenant) Jones, and LCSW K. Henriquez.
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Plaintiff fourth amended complaint is factually sparse. He alleges that after Sgt. Jones
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accused plaintiff of threatening him, Lt. Jones, Lt. Johnson and LCSW Henriquez placed plaintiff
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in a mental health crisis bed for over 46 days. He then claims that (1) Dr. Bowerman signed the
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transfer order, (2) K. Henriquez made the referral order, (3) Lt. Johnson signed the change of bed
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order, (4) Lt. Jones made a rough draft of a rules violation report, (5) F. Weber showed (or
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drafted) an interdisciplinary chronicle, (6) Capt. Jones never provided plaintiff with a copy of the
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lock up order, and (7) Capt. Jones did not provide plaintiff with a copy of a hearing within 72
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hours of it, in violation of prison regulations. Plaintiff claims this conduct violated his Due
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Process and Equal Protection rights, and the defendants abused the psychiatric codes of law and
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the judicial system. Plaintiff seeks $300,000 in damages.
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V.
Discussion
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1.
Due Process
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Plaintiff’s fourth amended complaint can be construed as a stating a due process claim
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against Sgt. Jones and Lt. Jones for making a false allegation or drafting a false rules violation
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report. Prisoners, however, do not have a right to be free from false accusations of misconduct, so
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the mere falsification of a report does not give rise to a claim under § 1983. Sprouse v. Babcock,
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870 F.2d 450, 452 (8th Cir. 1989) (“Sprouse’s claims based on the falsity of the charges and the
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impropriety of Babcock’s involvement in the grievance procedure, standing alone, do not state
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constitutional claims.”); Freeman v. Rideout, 808 F.2d 949, 951 (2nd Cir. 1986) (“The prison
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inmate has no constitutionally guaranteed immunity from being falsely or wrongly accused of
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conduct which may result in the deprivation of a protected liberty interest.”); Hanrahan v. Lane,
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747 F.2d 1137, 1141 (7th Cir. 1984) (“[A]n allegation that a prison guard planted false evidence
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which implicates an inmate in a disciplinary infraction fails to state a claim for which relief can
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be granted where the procedural due process protections ... are provided.”). Assuming plaintiff
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intended to state a claim against certain defendants for falsely accusing him of threatening Sgt.
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Jones, he fails to state a claim.
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As for plaintiff’s allegation that some of the defendants violated plaintiff’s due process in
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relation to a hearing on the rules violation report, those claims are far too vague and conclusory to
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state a claim. In general, “[p]rison disciplinary proceedings are not part of a criminal prosecution,
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and the full panoply of rights due a defendant in such proceedings does not apply.” Wolff v.
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McDonnell, 418 U.S. 539, 556 (1974). An inmate subject to disciplinary sanctions that include
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the loss of good time credits must receive (1) twenty-four-hour advanced written notice of the
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charges against him, id. at 563-64; (2) a written statement by the fact finder as to the evidence
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relied on and the reasons for the action, id. at 564-65; (3) an opportunity to call witnesses and
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present documentary evidence where doing so “will not be unduly hazardous to institutional
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safety or correctional goals,” id. at 566; (4) assistance at the hearing if he is illiterate or if the
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matter is complex, id. at 570; and (5) a sufficiently impartial fact finder, id. at 570-71. A finding
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of guilt must also be “supported by some evidence in the record.” Superintendent v. Hill, 472
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U.S. 445, 454 (1985). Though plaintiff asserts that he did not receive a notice of a hearing within
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72 hours, he does not clarify what this hearing was for, whether he ever received notice of the
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hearing at all, or even whether a hearing was ever ultimately held. Furthermore, assuming a
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hearing was held, he does not allege that he did not receive a written statement by the hearing
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officer, that he was denied the opportunity to call witnesses or submit evidence, that he required
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but was denied assistance at the hearing, or that the hearing officer was not a sufficiently
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impartial fact finder. Accordingly, plaintiff’s due process claims fail.
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2.
Retaliation
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Although plaintiff does not state a due process claim, “prisoners may still base retaliation
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claims on harms that would not raise due process concerns.” Hines v. Gomez, 108 F.3d 265, 269
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(9th Cir. 1997). Inmates have a right to be free from the filing of false disciplinary charges in
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retaliation for the exercise of constitutionally protected rights. Watison v. Carter, 668 F.3d 1108,
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1115 (9th Cir. 2012); Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995). Allegations of
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retaliation against a prisoner’s First Amendment rights to speech or to petition the government
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may support a section 1983 claim. Rizzo v. Dawson, 778 F.2d 527, 531-32 (9th Cir. 1985); see
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also Pratt, 65 F.3d at 806.
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“Within the prison context, a viable claim of First Amendment retaliation entails five
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basic elements: (1) An assertion that a state actor took some adverse action against an inmate (2)
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because of (3) that prisoner’s protected conduct, and that such action (4) chilled the inmate’s
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exercise of his First Amendment rights, and (5) the action did not reasonably advance a legitimate
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correctional goal.” Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005). Prisoner retaliation
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claims should be evaluated in light of Sandin v. Conner, 515 U.S. 472 (1995), in which the
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Supreme Court expressed disapproval of excessive judicial involvement in day-to-day prison
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management. Pratt, 65 F.3d at 807.
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Plaintiff’s pleading may be liberally construed as stating a First Amendment retaliation
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claim against Lt. Jones, Lt. Johnson and LCSW Henriquez for transferring plaintiff to a mental
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health crisis bed in response to plaintiff’s alleged threats against Sgt. Jones. But without more
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facts, it is impossible to determine whether plaintiff states a claim because the nature of the threat
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is unclear. Prison inmates retain only those First Amendment rights that are not inconsistent with
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their status as prisoners or with the legitimate penological objectives of the corrections system.
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Pell v. Procunier, 417 U.S. 817, 822 (1974); see also Beard v. Banks, 548 U.S. 521, 529 (2006)
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(factors for determining whether prison regulation is reasonably related to a legitimate
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penological interest). Assuming plaintiff verbally threatened Sgt. Jones, such a threat is protected
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conduct only in certain situations. See, e.g., Johnson v. Carroll, 2012 WL 2069561, at *33-34
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(E.D. Cal. June 7, 2012) (collecting cases). On the facts alleged, the court cannot make a
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determination as to whether plaintiff states a claim.
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3.
Equal Protection
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The Equal Protection Clause of the Fourteenth Amendment requires that persons who are
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similarly situated be treated alike. City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432,
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439 (1985). An equal protection claim may be established in two ways. The first method
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requires a plaintiff to show that the defendant has intentionally discriminated against the plaintiff
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on the basis of the plaintiff’s membership in a protected class. See, e.g., Lee v. City of Los
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Angeles, 250 F.3d 668, 686 (9th Cir. 2001); Serrano v. Francis, 345 F.3d 1071, 1082 (9th Cir.
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2003) (“Intentional discrimination means that a defendant acted at least in part because of a
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plaintiff’s protected status.”). Under this theory of equal protection, the plaintiff must show that
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the defendant’s actions were a result of the plaintiff’s membership in a suspect class, such as race,
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religion, or alienage. Ball v. Massanari, 254 F.3d 817, 823 (9th Cir. 2001).
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If the action in question does not involve a suspect classification, a plaintiff may establish
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an equal protection claim by showing that similarly situated individuals were intentionally treated
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differently without a rational relationship to a legitimate state purpose. Vill. of Willowbrook v.
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Olech, 528 U.S. 562, 564 (2000); San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 40
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(1973); SeaRiver Mar. Fin. Holdings, Inc. v. Mineta, 309 F.3d 662, 679 (9th Cir. 2002). To state
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an equal protection claim under this theory, a plaintiff must allege that: (1) the plaintiff is a
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member of an identifiable class; (2) the plaintiff was intentionally treated differently from others
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similarly situated; and (3) there is no rational basis for the difference in treatment. Willowbrook,
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528 U.S. at 564.
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Finally, plaintiff claims that his Equal Protection rights have been violated by the
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defendants’ conduct. This claim fails because plaintiff does not allege membership in any sort of
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class, let alone a protected class, and he further fails to allege how he was treated differently than
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similarly situated individuals.
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VI.
Conclusion
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Plaintiff was previously notified of the applicable legal standard and the deficiencies in his
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pleadings, and despite guidance from the court, plaintiff’s fourth amended complaint again fails
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to state a claim. The court is thus persuaded that plaintiff is unable to allege any additional facts
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that would support a claim for a violation of his rights and further amendment would be futile.
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See Hartmann v. Cal. Dep’t of Corr., 707 F.3d 1114, 1123 (9th Cir. 2012) (“A district court may
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deny leave to amend when amendment would be futile.”)
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
leave to amend for failure to state a 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.” Any reply to the objections
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shall be served and filed within seven days after service of the objections. The parties are advised
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that failure to file objections within the specified time may waive the right to appeal the District
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Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: April 21, 2016
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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