Becker v. Riebe et al
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/8/2015 DIRECTING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that plaintiff's 2 motion to proceed ifp be denied; and this action be dismissed for failure to state a cognizable claim for relief. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH P. BECKER,
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No. 2:15-cv-2039 DAD P
Plaintiff,
v.
ORDER AND
TODD RIEBE et al.,
FINDINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.
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§ 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This
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proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
SCREENING REQUIREMENT
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The court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or an 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 the prisoner has raised claims
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that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be
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granted, or that seek monetary relief from a defendant who is immune from such relief. See 28
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U.S.C. § 1915A(b)(1) & (2).
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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th
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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an
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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully
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pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th
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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
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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 Atlantic
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Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
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However, in order to survive dismissal for failure to state a claim a complaint must contain more
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than “a formulaic recitation of the elements of a cause of action;” it must contain factual
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allegations sufficient “to raise a right to relief above the speculative level.” Bell Atlantic, 550
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U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the
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allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S.
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738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all
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doubts in the plaintiff’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
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The Civil Rights Act under which this action was filed provides as follows:
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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.
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42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the
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actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See
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Monell v. Department of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362
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(1976). “A person ‘subjects’ another to the deprivation of a constitutional right, within the
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meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or
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omits to perform an act which he is legally required to do that causes the deprivation of which
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complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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Moreover, supervisory personnel are generally not liable under § 1983 for the actions of
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their employees under a theory of respondeat superior and, therefore, when a named defendant
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holds a supervisorial position, the causal link between him and the claimed constitutional
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violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979);
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Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations
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concerning the involvement of official personnel in civil rights violations are not sufficient. See
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Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
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DISCUSSION
In his complaint, plaintiff has identified Amador County District Attorney Todd Riebe and
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Deputy District Attorney Robert Trudgen as the defendants in this case. Plaintiff alleges that the
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defendants presented false information to the Amador County Superior Court to secure plaintiff’s
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transfer from Corcoran State Prison to the Amador County Jail. As a result of the transfer,
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plaintiff alleges that he has lost the “work product” he needs to defend against the criminal charge
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pending against him that the named defendants are prosecuting. (Compl. at 3.)
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Plaintiff’s complaint fails to state a cognizable claim for relief against the defendants.
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Specifically, prosecutors are entitled to absolute immunity from liability “in preparing for the
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initiation of judicial proceedings or for trial, and which occur in the course of his role as an
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advocate for the State.” Imbler v. Pachtman, 424 U.S. 409, 430 (1976). See also Olsen v. Idaho
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State Bd. of Medicine, 363 F.3d 916, 922 (9th Cir. 2004) (“Absolute immunity is generally
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accorded to judges and prosecutors functioning in their official capacities”); Broam v. Bogan, 320
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F.3d 1023, 1028 (9th Cir. 2003) (prosecutors are entitled to absolute immunity from conduct that
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takes place in connection with activities “‘intimately associated with the judicial phase of the
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criminal process.’”) (quoting Imber, 424 U.S. at 430); Ashelman v. Pope, 793 F.2d 1072, 1078
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(9th Cir. 1986) (en banc) (“Prosecutors are absolutely immune for quasi-judicial activities taken
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within the scope of their authority.”); Litmon v. Santa Clara County Superior Court, No. C 05-
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3065 RMW (PR), 2008 WL 2271601 at *2 (N.D. Cal. May 30, 2008) (deputy district attorney
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who allegedly “secretly” met with judge and caused judge to order plaintiff’s transfer from
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county jail to state hospital was entitled to absolute immunity).
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Where, as here, it is clear that granting plaintiff leave to amend his complaint would be
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futile, the court will recommend that this action be dismissed. See Chaset v. Fleer/Skybox Int’l,
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300 F.3d 1083, 1088 (9th Cir. 2002) (there is no need to prolong the litigation by permitting
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further amendment where the “basic flaw” in the underlying facts as alleged cannot be cured by
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amendment); Lipton v. Pathogenesis Corp., 284 F.3d 1027, 1039 (9th Cir. 2002) (“Because any
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amendment would be futile, there was no need to prolong the litigation by permitting further
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amendment.”).
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CONCLUSION
IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a
United States District Judge to this action.
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IT IS HEREBY RECOMMENDED that:
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1. Plaintiff’s motion to proceed in forma pauperis (Doc. No. 2) be denied; and
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2. This action be dismissed for failure to state a cognizable claim for relief.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, plaintiff may file written objections
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with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: October 8, 2015
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DAD:9
beck2039.56
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