Coleman v. Davis et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/26/17 ORDERING that 2 Motion to Proceed IFP is GRANTED; Plaintiff shall pay the statutory filing fee of $350. The complaint is DISMISSED with leave to amend within 30 days.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAAHDI COLEMAN,
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No. 2:15-cv-1434-EFB P
Plaintiff,
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v.
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C. DAVIS, et al.,
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ORDER GRANTING IFP AND DISMISSING
COMPLAINT PURSUANT TO 28 U.S.C. §
1915A
Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. He has filed an application to proceed in forma pauperis pursuant to 28 U.S.C.
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§ 1915.
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I.
Request to Proceed In Forma Pauperis
Plaintiff’s application makes the showing required by 28 U.S.C. § 1915(a)(1) and (2).
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Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect
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and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C.
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§ 1915(b)(1) and (2).
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II.
Screening Requirement and Standards
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Federal courts must engage in a preliminary screening of cases in which prisoners seek
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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
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§ 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion
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of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which
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relief may be granted,” or “seeks monetary relief from a defendant who is immune from such
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relief.” Id. § 1915A(b).
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A pro se plaintiff, like other litigants, must satisfy the pleading requirements of Rule 8(a)
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of the Federal Rules of Civil Procedure. Rule 8(a)(2) “requires a complaint to include a short and
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plain statement of the claim showing that the pleader is entitled to relief, in order to give the
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defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atl. Corp. v.
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Twombly, 550 U.S. 544, 554, 562-563 (2007) (citing Conley v. Gibson, 355 U.S. 41 (1957)).
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While the complaint must comply with the “short and plaint statement” requirements of Rule 8,
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its allegations must also include the specificity required by Twombly and Ashcroft v. Iqbal, 556
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U.S. 662, 679 (2009).
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To avoid dismissal for failure to state a claim a complaint must contain more than “naked
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assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause of
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action.” Twombly, 550 U.S. at 555-557. In other words, “[t]hreadbare recitals of the elements of
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a cause of action, supported by mere conclusory statements do not suffice.” Iqbal, 556 U.S. at
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678.
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Furthermore, a claim upon which the court can grant relief must have facial plausibility.
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Twombly, 550 U.S. at 570. “A claim has facial plausibility when the plaintiff pleads factual
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content that allows the court to draw the reasonable inference that the defendant is liable for the
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misconduct alleged.” Iqbal, 556 U.S. at 678. When considering whether a complaint states a
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claim upon which relief can be granted, the court must accept the allegations as true, Erickson v.
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Pardus, 551 U.S. 89 (2007), and construe the complaint in the light most favorable to the
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plaintiff, see Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).
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III.
Screening Order
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The court has reviewed plaintiff’s complaint (ECF No. 1) pursuant to § 1915A and finds
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that it must be dismissed for failure to state a claim upon which relief may be granted. Plaintiff
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alleges that he was successful in filing a state habeas petition as well as a federal civil rights
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action. He claims that defendants Foulk and Barnes denied him access to the courts by
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maintaining an inadequate law library because the library did not contain two specific cases.
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Plaintiff claims that defendant Davis, in attempting to help plaintiff locate the two cases and to
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pursue his legal claims, also denied him access to the courts. Davis allegedly gave plaintiff bad
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legal advice, which resulted in the dismissal of his federal civil rights action. As discussed below,
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these allegations fail to state a proper First Amendment claim of being denied access to the
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courts.
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To state a claim under § 1983, a plaintiff must allege: (1) the violation of a federal
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constitutional or statutory right; and (2) that the violation was committed by a person acting under
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the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Jones v. Williams, 297 F.3d
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930, 934 (9th Cir. 2002).
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An individual defendant is not liable on a civil rights claim unless the facts establish the
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defendant’s personal involvement in the constitutional deprivation or a causal connection between
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the defendant’s wrongful conduct and the alleged constitutional deprivation. See Hansen v.
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Black, 885 F.2d 642, 646 (9th Cir. 1989); Johnson v. Duffy, 588 F.2d 740, 743-44 (9th Cir. 1978).
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Plaintiff may not sue any official on the theory that the official is liable for the unconstitutional
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conduct of his or her subordinates. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). Plaintiff must
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identify the particular person or persons who violated his rights. He must also plead facts
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showing how that particular person was involved in the alleged violation.
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Prisoners have a constitutional right of access to the courts. Bounds v. Smith, 430 U.S.
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817, 828 (1977). “[T]he fundamental constitutional right of access to the courts requires prison
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authorities to assist inmates in the preparation and filing of meaningful legal papers by providing
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prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Id.
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Inmates do not have “an abstract, freestanding right to a law library or legal assistance,” and
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“cannot establish relevant actual injury simply by establishing that [the] prison’s law library or
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legal assistance program is subpar in some theoretical sense.” Lewis v. Casey, 518 U.S. 343, 351
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(1996). The right to litigation assistance “is limited to the tools prisoners need in order to attack
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their sentences, [either] directly or collaterally, and in order to challenge the conditions of their
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confinement.” Silva v. Di Vittorio, 658 F.3d 1090, 1102 (9th Cir. 2011). (quotations omitted).
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The right to legal assistance is limited to the pleading stage. Id.
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Prisoners also have the right “to litigate claims challenging their sentences or the
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conditions of their confinement to conclusion without active interference by prison officials.”
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Silva, 658 F.3d at 1102. An inmate alleging a violation of this right must show that the
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deprivation actually injured his litigation efforts, in that the defendant hindered his efforts to
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bring, or caused him to lose, an actionable claim challenging his criminal sentence or conditions
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of confinement. See Lewis, 518 U.S. at 351; Christopher v. Harbury, 536 U.S. 403, 412-15
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(2002).
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Plaintiff’s complaint fails to demonstrate that he has been denied access to the courts in
violation of the First Amendment. First, he alleges that he has successfully filed a state court
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petition and a federal civil rights complaint. Because the right to library access and legal
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assistance is limited to the pleading stage, plaintiff fails to state a claim. See Silva, 658 at 1102-
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03. Second, plaintiff fails to plead facts showing that his litigation efforts were unsuccessful due
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to active interference by prison officials. See id. at 1103 (including a prison official’s
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confiscation of a state court conviction transcript before an appeal as an example of “active
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interference”). Injuries to life, liberty, or property that are inflicted by governmental negligence
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are not addressed by the United States Constitution. Daniels v. Williams, 474 U.S. 327, 333
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(1986). The allegation that Davis provided plaintiff with bad legal advice, in an apparent attempt
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to assist plaintiff, shows negligence at worst and not active interference with plaintiff’s attempts
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to access the courts.
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Plaintiff will be granted leave to file an amended complaint, if he can allege a cognizable
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legal theory against a proper defendant and sufficient facts in support of that cognizable legal
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theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must
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afford pro se litigants an opportunity to amend to correct any deficiency in their complaints).
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Should plaintiff choose to file an amended complaint, the amended complaint shall clearly set
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forth the claims and allegations against each defendant. Any amended complaint must cure the
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deficiencies identified above and also adhere to the following requirements:
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Any amended complaint must identify as a defendant only persons who personally
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participated in a substantial way in depriving him of a federal constitutional right. Johnson v.
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Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a
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constitutional right if he does an act, participates in another’s act or omits to perform an act he is
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legally required to do that causes the alleged deprivation).
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It must also contain a caption including the names of all defendants. Fed. R. Civ. P. 10(a).
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Plaintiff may not change the nature of this suit by alleging new, unrelated claims. George
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v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
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Any amended complaint must be written or typed so that it so that it is complete in itself
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without reference to any earlier filed complaint. E.D. Cal. L.R. 220. This is because an amended
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complaint supersedes any earlier filed complaint, and once an amended complaint is filed, the
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earlier filed complaint no longer serves any function in the case. See Forsyth v. Humana, 114
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F.3d 1467, 1474 (9th Cir. 1997) (the “‘amended complaint supersedes the original, the latter
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being treated thereafter as non-existent.’”) (quoting Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.
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1967)).
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The court cautions plaintiff that failure to comply with the Federal Rules of Civil
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Procedure, this court’s Local Rules, or any court order may result in this action being dismissed.
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See Local Rule 110.
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IV.
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Summary of Order
Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is granted.
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2. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected
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in accordance with the notice to the CDCR filed concurrently herewith.
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3. The complaint is dismissed with leave to amend within 30 days. The complaint
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must bear the docket number assigned to this case and be titled “Amended
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Complaint.” Failure to comply with this order will result in dismissal of this
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action for failure to prosecute. If plaintiff files an amended complaint stating a
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cognizable claim the court will proceed with service of process by the United
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States Marshal.
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Dated: January 26, 2017.
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