Ramnanan v. Ali et al
ORDER signed by Judge Kimberly J. Mueller on 4/7/15 ORDERING that the findings and recommendations filed March 10, 2015, are adopted as clarified by this order; and Defendants Ali and Rosse are dismissed. (Becknal, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:14-cv-1441 KJM CKD P
N. ALI, et al.,
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided
by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 10, 2015, the magistrate judge filed findings and recommendations, which were
served on plaintiff and which contained notice to plaintiff that any objections to the findings and
recommendations were to be filed within fourteen days. Plaintiff has filed objections to the
findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
court has conducted a de novo review of this case. Having carefully reviewed the file, the court
finds the findings and recommendations to be supported by the record. Plaintiff objects to the
recommendation that defendants Ali and Rosse1 be dismissed from this action. The court writes
separately to explain why these two defendants must be dismissed without leave to amend.
Plaintiff alleges in his amended complaint that defendant Ali required defendants Stewart
and Rosse to conduct a search of plaintiff’s cell. ECF No. 12 at 3. Plaintiff alleges that defendant
Ali initiated, and defendants Rosse and Stewart conducted, the search because plaintiff had
retrieved a Top Ramen soup from a neighboring cell during defendant Ali’s workshift, which
defendant Ali claimed interefered with Ali’s job duties. ECF No. 12 at 4-5, 11. In order to state a
retaliation claim, plaintiff must allege that he engaged in conduct protected by the United States
Constitution and that defendants “imposed a burden” on him “‘because he exercise[d] a
constitutional right.’” Blaisdell v. Frappiea, 729 F.3d 1237, 1242 (9th Cir. 2013) (quoting Regan
v. Taxation with Representation of Washington, 461 U.S. 540, 545 (1983)). Plaintiff does not
allege that the activity he engaged in that was the basis for the alleged search, retrieving soup, is
protected by the United States Constitution, nor could he. Prison inmates have no constitutional
protection in retrieving property from another inmate’s cell. Nor does plaintiff have
constitutional protection against an unreasonable search of his cell, or intentional unauthorized
deprivation of his personal property. See Hudson v. Palmer, 468 U.S. 517 (1984). For this
reason, plaintiff has failed to state a cognizable claim against either defendant Ali or defendant
Rosse, and the defect in his claim against these defendants cannot be cured by amendment.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed March 10, 2015, are adopted as clarified by
this order; and
2. Defendants Ali and Rosse are dismissed.
DATED: April 7, 2015.
UNITED STATES DISTRICT JUDGE
Defendant Rosse is also referred to as defendant Ross in the amended complaint. See, e.g., ECF
No. 12 at 4.
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