Coleman v. City of Sacramento, et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/24/17 recommending that this action be dismissed without prejudice and this case closed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA m
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ROBERT E. COLEMAN,
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No. 2:16-cv-0575 JAM CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
CITY OF SACRAMENTO, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding pro se with a complaint pursuant to 42 U.S.C. §
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1983. On May 18, 2016, plaintiff’s original complaint was dismissed, and plaintiff was granted
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leave to file an amended complaint. (ECF No. 7.) Upon reconsideration, the May 18, 2016 order
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was affirmed by the district court. (ECF No. 12.) Plaintiff’s amended complaint is now before
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the court for screening. (ECF No. 13.) See 28 U.S.C. § 1915A(a).
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Having reviewed the amended complaint, the undersigned concludes that it fails to cure
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the defects discussed in the May 18, 2016 screening order. That order found that plaintiff’s
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housing claims against defendant Haring were “duplicative of claims dismissed . . . in an earlier-
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filed action” for failure to exhaust administrative remedies. (ECF No. 7 at 6.)
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In the amended complaint, plaintiff asserts that he exhausted his housing claims in appeal
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No. SAC-S-13-2151, citing documents filed in the earlier-filed action, No. 2:13-cv-1021 JAM
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KJN P (E.D. Cal.) (“Coleman I”), which is still being litigated. (ECF No. 13 at 26.) The
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undersigned has reviewed these administrative appeal documents, which concern a decision by
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the prison classification committee to approve plaintiff for double-cell housing. Coleman I, ECF
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No. 27 at 43-52. Notably, these documents were part of the record in Coleman I before the court
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determined on summary judgment that plaintiff failed to exhaust administrative remedies as to
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Haring. See Coleman I, ECF Nos. 67 & 77. Thus, plaintiff’s amended complaint does not cure
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the original complaint’s defects as to Haring.
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Warden Virga allegedly failed to respond to plaintiff’s October 2011 letter about being
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double-celled. (ECF No. 13 at 17.) Supervisory personnel are generally not liable under §1983
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for the actions of their employees under a theory of respondeat superior and, therefore, when a
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named defendant holds a supervisorial position, the causal link between him and the claimed
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constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th
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Cir. 1979). The amended complaint does not state a claim as to this defendant.
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Moreover, the claims in the amended complaint are generally duplicative of housing
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claims asserted in Coleman I. See ECF No. 7 at 5. A settlement conference in that action is set
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for March 2, 2017. Coleman I, ECF No. 121.
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For these reasons, and because it appears that another round of amendment would be
futile, the undersigned will recommend dismissal of this action.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice and this case closed.
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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. Such a document should be captioned “Objections to Magistrate Judge's Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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Dated: January 24, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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