Anderson v. Arnold, et al.
Filing
13
ORDER signed by Magistrate Judge Dale A. Drozd on 10/19/2015 GRANTING plaintiff's 5 application to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. Plaintiff's complaint is DISMISSED with leave to amend within 30 days. The Clerk shall send plaintiff the form for filing a civil rights action. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
CORNELIUS ANDERSON,
12
13
14
15
No. 2:14-cv-2660 DAD P
Plaintiff,
v.
ORDER
ERIC ARNOLD et al.,
Defendants.
16
17
Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.
18
§ 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This
19
proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
20
21
22
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §
1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§
23
1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in
24
accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct
25
the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and
26
forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments
27
of twenty percent of the preceding month’s income credited to plaintiff’s prison trust account.
28
These payments will be forwarded by the appropriate agency to the Clerk of the Court each time
1
1
the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. §
2
1915(b)(2).
3
SCREENING REQUIREMENT
4
The court is required to screen complaints brought by prisoners seeking relief against a
5
governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. §
6
1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims
7
that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be
8
granted, or that seek monetary relief from a defendant who is immune from such relief. See 28
9
U.S.C. § 1915A(b)(1) & (2).
10
A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
11
Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th
12
Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an
13
indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
14
490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully
15
pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th
16
Cir. 1989); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure “requires only ‘a short and plain
17
18
statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the
19
defendant fair notice of what the . . . claim is and the grounds upon which it rests.’” Bell Atlantic
20
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
21
However, in order to survive dismissal for failure to state a claim a complaint must contain more
22
than “a formulaic recitation of the elements of a cause of action;” it must contain factual
23
allegations sufficient “to raise a right to relief above the speculative level.” Bell Atlantic, 550
24
U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the
25
allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S.
26
738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all
27
doubts in the plaintiff’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
28
/////
2
1
The Civil Rights Act under which this action was filed provides as follows:
2
Every person who, under color of [state law] . . . subjects, or causes
to be subjected, any citizen of the United States . . . to the
deprivation of any rights, privileges, or immunities secured by the
Constitution . . . shall be liable to the party injured in an action at
law, suit in equity, or other proper proceeding for redress.
3
4
5
42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the
6
actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See
7
Monell v. Department of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362
8
(1976). “A person ‘subjects’ another to the deprivation of a constitutional right, within the
9
meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or
10
omits to perform an act which he is legally required to do that causes the deprivation of which
11
complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
12
Moreover, supervisory personnel are generally not liable under § 1983 for the actions of
13
their employees under a theory of respondeat superior and, therefore, when a named defendant
14
holds a supervisorial position, the causal link between him and the claimed constitutional
15
violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979);
16
Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations
17
concerning the involvement of official personnel in civil rights violations are not sufficient. See
18
Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
PLAINTIFF’S COMPLAINT
19
20
In the present case, plaintiff has identified as defendants Warden Arnold and six other
21
prison officials and medical personnel at California State Prison, Solano. Plaintiff’s complaint,
22
styled as a petition for writ of mandate, is difficult to decipher. However, it appears that plaintiff
23
is a disabled diabetic and has filed this action to complain about inadequate medical care.
24
Specifically, plaintiff in his complaint expresses a concern about having another stroke and dying.
25
(Compl. at 1-3.)
26
DISCUSSION
27
The allegations in plaintiff’s complaint are so vague and conclusory that the court is
28
unable to determine whether the current action is frivolous or fails to state a claim for relief. The
3
1
complaint does not contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2).
2
Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice to
3
the defendants and must allege facts that support the elements of the claim plainly and succinctly.
4
Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege
5
with at least some degree of particularity overt acts which defendants engaged in that support his
6
claims. Id. Because plaintiff has failed to comply with the requirements of Fed. R. Civ. P.
7
8(a)(2), the complaint must be dismissed. The court will, however, grant leave to file an amended
8
complaint.
9
If plaintiff chooses to file an amended complaint, he must allege facts demonstrating how
10
the conditions complained of resulted in a deprivation of his federal constitutional or statutory
11
rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The amended complaint must allege in
12
specific terms how each named defendant was involved in the deprivation of plaintiff’s rights.
13
There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or
14
connection between a defendant’s actions and the claimed deprivation. Rizzo, 423 U.S. 362; May
15
v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson, 588 F.2d at 743. Vague and conclusory
16
allegations of official participation in civil rights violations are not sufficient. Ivey, 673 F.2d at
17
268.
18
If plaintiff elects to proceed in this action by filing an amended complaint based on
19
inadequate medical care, he is advised that in Estelle v. Gamble, 429 U.S. 97, 106 (1976), the
20
Supreme Court held that inadequate medical care did not constitute cruel and unusual punishment
21
cognizable under § 1983 unless the mistreatment rose to the level of “deliberate indifference to
22
serious medical needs.” In applying this standard, the Ninth Circuit has held that before it can be
23
said that a prisoner’s civil rights have been abridged, “the indifference to his medical needs must
24
be substantial. Mere ‘indifference,’ ‘negligence,’ or ‘medical malpractice’ will not support this
25
cause of action.” Broughton v. Cutter Lab., 622 F.2d 458, 460 (9th Cir. 1980) (citing Estelle, 429
26
U.S. at 105-06). In any amended complaint plaintiff elects to file he must allege facts
27
demonstrating how each defendant’s actions rose to the level of “deliberate indifference” to his
28
serious medical needs. In this regard, plaintiff must explain how each defendant was involved in
4
1
the denial of his medical care.
2
Plaintiff is informed that the court cannot refer to a prior pleading in order to make
3
plaintiff’s amended complaint complete. Local Rule 220 requires that an amended complaint be
4
complete in itself without reference to any prior pleading. This is because, as a general rule, an
5
amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th
6
Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any
7
function in the case. Therefore, in an amended complaint, as in an original complaint, each claim
8
and the involvement of each defendant must be sufficiently alleged.
9
CONCLUSION
10
Accordingly, IT IS HEREBY ORDERED that:
11
1. Plaintiff’s application to proceed in forma pauperis (Doc. No. 5) is granted.
12
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee
13
shall be collected and paid in accordance with this court’s order to the Director of the California
14
Department of Corrections and Rehabilitation filed concurrently herewith.
15
3. Plaintiff’s complaint is dismissed.
16
4. Plaintiff is granted thirty days from the date of service of this order to file an amended
17
complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil
18
Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number
19
assigned to this case and must be labeled “Amended Complaint”; failure to file an amended
20
complaint in accordance with this order will result in a recommendation that this action be
21
dismissed without prejudice.
22
5. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil
23
rights action.
24
Dated: October 19, 2015
25
26
27
DAD:9
ande2660.14a
28
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?