Johnson v. Mill Creek State Prison et al

Filing 20

ORDER signed by Magistrate Judge Craig M. Kellison on 08/23/17 ORDERING this action is dismissed for failure to state a claim upon which relief can be granted. CASE CLOSED. (Plummer, 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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KEITH D. JOHNSON,

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Plaintiff,

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No. 2:15-CV-0365-CMK-P

vs.

ORDER

MULE CREEK STATE PRISON,
et al.,

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Defendants.
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/
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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 amended complaint (Doc. 19).

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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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As with the original complaint, plaintiff’s hand-written and largely indecipherable

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complaint mentions “malpractice” and “deliberate indifference” but does not contain any factual

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allegations. Because the amended complaint fails to state any claim for relief, it will be

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dismissed. Further, because plaintiff appears unwilling or unable to amend the complaint to set

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forth any factual allegations as to any named defendant, plaintiff is not entitled to further leave to

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amend.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed for failure
to state a claim upon which relief can be granted.

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DATED: August 23, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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