Grimes v. Leali et al

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/25/16 ordering this action is dismissed without prejudice for failure to state a claim. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH GRIMES,

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Plaintiff,

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No. 2:16-cv-1075 CKD P

v.

ORDER

LEALI, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to

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42 U.S.C. § 1983. On August 22, 2016, the complaint was dismissed for failure to state a claim,

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and plaintiff was granted thirty days’ leave to amend. (ECF No. 9.) Plaintiff’s amended

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complaint is now before the court for screening. See 28 U.S.C. § 1915A(a). (ECF No. 15.)

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Plaintiff has consented to Magistrate Judge jurisdiction over all proceedings this action. (ECF

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No. 5.)
Having reviewed the amended complaint, the undersigned concludes that it fails to cure

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the defects of the original complaint as discussed in the August 22, 2016 screening order. The

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violation of state regulations, rules and policies of the CDCR, or other state law, is not sufficient

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to state a claim for relief under § 1983. To state a claim under § 1983, there must be a deprivation

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of federal constitutional or statutory rights. See Paul v. Davis, 424 U.S. 693 (1976).

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Further, as to plaintiff’s allegations concerning his administrative appeals, inmates have

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no Constitutional right to a specific prison grievance procedure. See Ramirez v. Galaza, 334 F.3d

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850, 860 (9th Cir. 2003), citing Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988); see also

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McCoy v. Roe, 509 Fed. Appx. 660, 660 (9th Cir. Feb.19, 2013) (affirming dismissal of claims

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arising from defendants’ handling of prisoner’s grievances) (citing Ramirez).

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Because it appears that another round of amendment would be futile, the undersigned will
dismiss this action for failure to state a claim.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice

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for failure to state a claim.

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Dated: October 25, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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