Sariaslan v. Rackley et al.

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/04/17 ORDERING the Clerk is directed to reopen this case. The complaint is dismissed with leave to amend within 30 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAMIN SARIASLAN,

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Plaintiff,

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No. 2:15-cv-2492-EFB P

v.

ORDER SCREENING COMPLAINT
PURSUANT TO 28 U.S.C. § 1915A

RONALD RACKLEY, et al.,

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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. § 1983.1 On February 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed

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the portion of this court’s May 17, 2016 screening order, which dismissed plaintiff’s allegations

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based on breach of contract and the deprivation of property without due process. The Ninth

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Circuit, noting that plaintiff had also alleged “that defendant Polasik ‘hindered and blocked’

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[plaintiff] from receiving food that he purchased for a ‘religious event without good cause,’”

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vacated the judgment in part and remanded the action for this court to consider those allegations

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and to determine whether leave to amend would be appropriate. ECF No. 18. The court now

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screens those allegations pursuant to 28 U.S.C. § 1915A.

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This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C.
§ 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See E.D. Cal. Local
Rules, Appx. A, at (k)(4).
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I.

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)
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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II.

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Screening Order
Plaintiff’s complaint (ECF No. 1) alleges, in relevant part, that he purchased raisins,

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honey, and dates for his Ramadan meal, but never received them. It alleges that defendant

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Polasik “hindered and blocked plaintiff from receiving his legally purchased items for [a]

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Religious event without good cause . . . .” ECF No. 1 at A-2. But the complaint does not identify

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any claim for relief based upon a violation of plaintiff’s federal constitutional or statutory rights

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to religious freedom. Assuming he intended to assert a First Amendment or statutory claim base

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on alleged restrictions to the exercise of religion, the allegations are not sufficient to state a

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cognizable claim under the applicable standards for the reasons addressed below. Accordingly,

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the complaint will be dismissed with leave to amend for failure to state a claim.

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The Free Exercise Clause of the First Amendment provides, “Congress shall make no law

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. . . prohibiting the free exercise” of religion. U.S. CONST., amend. I. Only those beliefs that are

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sincerely held and religious in nature are entitled to constitutional protection. See Shakur v.

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Schriro, 514 F.3d 878, 884-85 (9th Cir. 2008) (plaintiff must show that the activity is both

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“sincerely held” and “rooted in religious belief”). An inmate’s right to exercise religious

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practices, “may be curtailed in order to achieve legitimate correctional goals or to maintain prison

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security.” McElyea v. Babbitt, 833 F.2d 196, 197 (9th Cir. 1987) (per curiam). Four factors are

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relevant in determining whether a prison regulation impermissibly infringes on an inmate’s

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constitutional rights: (1) whether there is a “valid, rational connection between the prison

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regulation and the legitimate governmental interest put forward to justify it”; (2) “whether there

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are alternative means of exercising the right that remain open to prison inmates”; (3) “the impact

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accommodation of the asserted constitutional right will have on guards and other inmates and on

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the allocation of prison resources generally”; and (4) the “absence of ready alternatives.” Turner

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v. Safley, 482 U.S. 78, 89-90 (1987) (internal quotations omitted). Here, the complaint does not

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include facts which demonstrate that the Ramadan meal was necessary for a “sincerely held”

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belief that is “rooted in religious belief.” Shakur, 514 F.3d at 884-85. It also fails to show how or

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why defendant Polasik prevented plaintiff from receiving the alleged religious package. Thus,

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the complaint fails to show that Polasik or any other defendant improperly curtailed plaintiff’s

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right to exercise his religion in violation of the First Amendment.

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Moreover, under the Religious Land Use and Institutionalized Persons Act of 2000

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(“RLUIPA”), “no [state or local] government shall impose a substantial burden on the religious

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exercise of a person residing in or confined to an institution,” unless the government shows that

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the burden furthers “a compelling government interest” by “the least restrictive means.” 42

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U.S.C. § 2000cc-1(a)(1)-(2). “Religious exercise” includes “any exercise of religion, whether or

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not compelled by, or central to, a system of religious belief.” Id. § 2000cc-5(7)(A). A

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“substantial burden” is one that imposes a significantly great restriction or onus on religious

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exercise. San Jose Christian College v. City of Morgan Hill, 360 F.3d 1024, 1034-35 (9th Cir.

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2004). Here, the complaint’s vague and conclusory allegations are not sufficient to demonstrate

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any violation of plaintiff’s rights pursuant to RLUIPA.

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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 E.D. Cal. L.R. 110.

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III.

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Summary of Order
Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk is directed to reopen this case.

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2. 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 may result in dismissal of this

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action for failure to prosecute and failure to state a claim. If plaintiff files an

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amended complaint stating a cognizable claim the court will proceed with service

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of process by the United States Marshal.

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Dated: October 4, 2017.

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