Nichols v. Plumas County Correctional Facility
Filing
10
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/3/2015 RECOMMENDING that this action be dismissed with prejudice for failure to state a claim. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
GERALD EDMUND NICHOLS,
12
13
14
15
16
No. 2:15-cv-1299 MCE CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
PLUMAS COUNTY CORRECTIONAL
FACILITY,
Defendant.
17
Plaintiff is a county jail inmate, proceeding pro se and in forma pauperis, who seeks relief
18
pursuant to 42 U.S.C. § 1983. On July 10, 2015, plaintiff’s original complaint was dismissed for
19
failure to state a claim, and plaintiff was granted leave to file an amended complaint. (ECF No.
20
7.) Plaintiff’s amended complaint is now before the court for screening. (ECF No. 9.)
21
The court is required to screen complaints brought by prisoners seeking relief against a
22
governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
23
court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
24
“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek
25
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
26
Having reviewed the amended complaint, the undersigned concludes that it, too, fails to
27
state a claim. Plaintiff asserts that he was denied access to courts and attaches a complaint filed
28
in the Plumas Superior Court in 2013. However, plaintiff does not plead the elements of an
1
1
access-to-courts claim or name a proper defendant. See Lewis v. Casey, 518 U.S. 343, 349-50,
2
353 (1996) (prisoner alleging a violation of his right of access to the courts must demonstrate that
3
he has suffered “actual injury,” i.e., “demonstrate that a nonfrivolous legal claim had been
4
frustrated or was being impeded.”) Because it appears that another round of amendment would
5
be futile, the undersigned will recommend dismissal of this action.
6
7
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with
prejudice for failure to state a claim.
8
These findings and recommendations are submitted to the United States District Judge
9
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
10
after being served with these findings and recommendations, plaintiff may file written objections
11
with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings
12
and Recommendations.” Plaintiff is advised that failure to file objections within the specified
13
time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
14
(9th Cir. 1991).
15
Dated: September 3, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
20
21
22
2 / nich1299.fac_fr
23
24
25
26
27
28
2
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?