McInnis v. Vaughn et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2017 GRANTING 6 Motion to Proceed IFP; DENYING 7 Request for Court to Add Damien Pace as a Plaintiff; and GRANTING Plaintiff 30 days to file an amended complaint. If Plaintiff does n ot file an amended complaint, action will proceed on Plaintiff's claim arising under 8th Amendment against Herrera. Plaintiff to pay the statutory filing fee of $350. All fees to be collected and paid in accordance with this court's order to Yolo County Sheriff filed concurrently herewith. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MCINNIS,

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No. 2:17-cv-1318 CKD P

Plaintiff,

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v.

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VAUGHN, et al.,

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ORDER

Defendants.

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Plaintiff is a Yolo County Jail prisoner proceeding pro se. Plaintiff seeks relief pursuant

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to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1) and plaintiff has consented to have all matters in this action before a United States

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Magistrate Judge. See 28 U.S.C. § 636(c).

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §
1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§

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1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect

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twenty percent of the preceding month’s income credited to plaintiff’s prison trust account and

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forward it to the Clerk of the Court each time the amount in plaintiff’s account exceeds $10.00,

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until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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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 officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
The court has conducted the required screening and finds that plaintiff’s complaint states a

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claim against defendant Herrera upon which relief could be granted arising under the Eighth

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Amendment for excessive force as alleged by plaintiff in claim II. In all other respects, plaintiff’s

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complaint fails to state claims upon which relief can be granted.

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At this point, plaintiff has two options: 1) he may either proceed only on the claim

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identified above; or 2) attempt to cure the deficiencies with respect to other claims in an amended

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complaint.

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If plaintiff chooses to amend, plaintiff is informed as follows:

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1. His original complaint is, at times, impossible to understand because it is

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indecipherable. In an amended complaint, plaintiff should take care to write legibly and in a

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manner which can be understood.

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2. Pursuant to Federal Rule of Civil Procedure 20(a)(2), plaintiff may join in one action

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as many claims as he has against one defendant. Other defendants can be joined to claims, but

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claims which are only against other defendants generally must be brought in a separate action.

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3. In order to state a claim for damages, plaintiff must allege facts indicating a causal

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connection between the actions of a defendant and the injury sustained by plaintiff. See Barren v.

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Harrington, 152 F.3d 1193, 1194-95 (9th Cir. 1998). There can be no liability under 42 U.S.C. §

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1983 unless there is some affirmative link or connection between a defendant’s actions and the

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claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory

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allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of

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Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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4. Section 1997(e)(a) of Title 42 of the United States Code provides that “[n]o action

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shall be brought with respect to prison conditions under section 1983 of this title, . . . until such

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administrative remedies as are available are exhausted.”
5. Denial or delay of medical care for a prisoner’s serious medical needs may constitute a

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violation of the prisoner’s Eighth Amendment rights. Estelle v. Gamble, 429 U.S. 97, 104-05

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(1976). An individual is liable for such a violation only when injury occurs as a result of the

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individual’s deliberate indifference to serious medical needs. Id.

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6. Prison officials generally cannot retaliate against inmates for exercising First

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Amendment rights. Rizzo v. Dawson, 778 F.2d 527, 531 (9th Cir. 1985). Because a prisoner’s

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First Amendment rights are necessarily curtailed, however, a successful retaliation claim requires

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a finding that “the prison authorities’ retaliatory action did not advance legitimate goals of the

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correctional institution or was not tailored narrowly enough to achieve such goals.” Id. at 532.

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The plaintiff bears the burden of pleading and proving the absence of legitimate correctional

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goals for the conduct of which he complains. Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995).

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Plaintiff is informed that the court cannot refer to a prior pleading in order to make an

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amended pleading complete. Local Rule 220 requires that an amended complaint be complete in

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itself without reference to any prior pleading. This is because, as a general rule, an amended

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complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967).

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Once plaintiff files an amended complaint, the original pleading no longer serves any function in

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the case. Therefore, in an amended complaint, as in an original complaint, each claim and the

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involvement of each defendant must be sufficiently alleged.

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Finally, the court notes that plaintiff has asked to add another inmate as a plaintiff to this

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case. That request will be denied as an action brought by multiple inmate plaintiffs proceeding

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pro se presents procedural problems that cause delay and confusion. Delay often arises from the

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frequent transfer of inmates to other facilities or institutions, the changes in address that occur

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when inmates are released to parole, and the difficulties faced by inmates who attempt to

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communicate with each other and with un-incarcerated individuals.1

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 6) is granted.

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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff

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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the

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Yolo County Sheriff filed concurrently herewith.

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3. Plaintiff is granted thirty days to file an amended complaint that complies with the

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terms of this order. If plaintiff does not file an amended complaint within 30 days, this action

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will proceed on plaintiff’s claim arising under the Eighth Amendment against defendant Herrera.

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4. Plaintiff’s request that the court add Damien Pace as a plaintiff in this action (ECF No.

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7) is denied.

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Dated: November 16, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mcin1318.1

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The court has broad discretion under Federal Rule of Civil Procedure 21 to add and drop
parties.
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