Griffin v. Dowilliams et al

Filing 37

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/23/2017 ORDERING that service is appropriate for Adams, Dowilliams, Saipher, G. Williams and Malakkla. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED all defendants other than defendants Adams, Dowilliams, Saipher, G. Williams and Malakkla be dismissed. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES E. GRIFFIN, II, 12 Plaintiff, 13 14 v. ORDER AND DORORTHY DOWILLIAMS, et al., 15 No. 2:16-cv-1435 WBS CKD P FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with an action for violation of civil rights 18 under 42 U.S.C. § 1983. On March 23, 2017, the court screened plaintiff’s amended complaint as 19 the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff’s amended 20 complaint states a claim upon which relief could be granted arising under the Eighth Amendment 21 against defendant Dowilliams for denial of medical care. The court also found that in all other 22 respects, plaintiff’s amended complaint fails to state claims upon which relief can be granted. 23 The court gave plaintiff two options: proceed on his claim against defendant Dowilliams, or file a 24 second amended complaint in an attempt to cure the deficiencies in the other claims presented in 25 the amended complaint. The court provided plaintiff with direction as to how those deficiencies 26 could be cured. 27 Plaintiff elected to file a second amended complaint which the court is again required to 28 screen. After having conducted the required screening, the court finds that the second amended 1 1 complaint states claims arising under the Eighth Amendment against defendant Dowilliams, G. 2 Williams, Saipher, Malakkla and Adams for failure to provide constitutionally adequate medical 3 care. See ¶¶s 23-24 & 29. 4 In all other respects the allegations in the amended complaint fail to amount to a claim 5 upon which plaintiff may proceed because, among other reasons mostly related to the assertion of 6 frivolous claims or unclear allegations: 7 1. Plaintiff has failed to adequately allege a causal connection between the actions of a 8 defendant and an injury sustained by plaintiff. See Barren v. Harrington, 152 F.3d 1193, 1194-95 9 (9th Cir. 1998). There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative 10 link or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 11 423 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in 12 civil rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 13 1982). 14 15 2. Prisoners do not have a constitutional right to a prison grievance procedure. Ramirez v. Galazza, 334 F.3d 850, 860 (9th Cir. 2003). 16 3. With respect to claims arising under California law, plaintiff has not pled compliance 17 with the terms of the California Tort Claims Act. See Cal. Gov’t Code § 910 et seq.; Mangold v. 18 Cal. Pub. Utils. Comm’n, 67 F.3d. 1470, 1477 (9th Cir. 1995). 19 20 4. Plaintiff does not state a claim for injunctive relief as he fails to allege facts suggesting that he is currently being denied any federal right. 21 In accordance with the above, IT IS HEREBY ORDERED that: 22 1. Service is appropriate for the following defendants: Dowilliams, G. Williams, Saipher, 23 Malakkla and Adams. 24 2. The Clerk of the Court shall send plaintiff 5 USM-285 forms, one summons, an 25 instruction sheet and a copy of the second amended complaint. 26 ///// 27 ///// 28 ///// 2 1 3. Within thirty days from the date of this order, plaintiff shall complete the attached 2 Notice of Submission of Documents and submit the following documents to the court: 3 a. The completed Notice of Submission of Documents; 4 b. One completed summons; 5 c. One completed USM-285 form for each defendant listed in number 1 above; 6 and 7 d. Five copies of the endorsed second amended complaint. 8 4. Plaintiff need not attempt service on defendants and need not request waiver of service. 9 Upon receipt of the above-described documents, the court will direct the United States Marshal to 10 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 11 of costs. 12 13 IT IS HEREBY RECOMMENDED that all defendants other than defendants Dowilliams, Williams, Saipher, Malakkla and Adams be dismissed. 14 These findings and recommendations are submitted to the United States District Judge 15 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 16 being served with these findings and recommendations, plaintiff may file written objections with 17 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 18 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 19 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 20 1991). 21 Dated: October 23, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 1 grif1435.1(a) 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES E. GRIFFIN, II, 12 Plaintiff, 13 14 No. 2:16-cv-1435 WBS CKD P v. NOTICE OF SUBMISSION DOROTHY DOWILLIAMS, et al., 15 OF DOCUMENTS Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Second Amended Complaint 22 23 DATED: 24 25 26 ________________________________ 27 Plaintiff 28 5

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