Horn v. California Prison Industry Authority

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 11/10/14 ORDERING that this action is dismissed. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM JOSEPH HORN,

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No. 2: 14-cv-1654 KJN P

Plaintiff,
v.

ORDER

CALIFORNIA PRISON INDUSTRY
AUTHORITY,
Defendant.
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff consented to the jurisdiction of the undersigned. (ECF No. 8.)
On August 13, 2014, the undersigned dismissed plaintiff’s complaint with leave to amend.

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(ECF No. 5.) Pending before the court is plaintiff’s amended complaint filed November 3, 2014.

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(ECF No. 12.) For the following reasons, this action is dismissed.

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Again, the only named defendant is the California Prison Industry Authority (“PIA”).

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Again, plaintiff alleges that defendant PIA caused him to be exposed to toxic soap. Again, as

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relief, plaintiff seeks money damages.

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The undersigned dismissed plaintiff’s original complaint because the claims against

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defendant PIA were barred by the Eleventh Amendment. Under the Eleventh Amendment to the

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Constitution of the United States, a state or state agency may not be sued in federal court without

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its consent. Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984); Taylor v. List,
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880 F.2d 1040, 1045 (9th Cir. 1989). Defendant PIA is a state agency. Because the State of

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California has not consented to suit, this action against defendant PIA is barred by the Eleventh

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Amendment.

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Because plaintiff has already been given one opportunity to file an amended complaint,

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and it does not appear that he can cure the pleading defects discussed above, the undersigned

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orders this action dismissed.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed.
Dated: November 10, 2014

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Horn1654.dis

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