James v. Price et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/27/2017 ORDERING Plaintiff to file an amended complaint that complies with the terms of this order within 30 days. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNIE JAMES,

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No. 2:17-cv-1433 MCE CKD P
Plaintiff,

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v.

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J. PRICE, et al.,

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ORDER

Defendants.

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Plaintiff, a California prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §

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1983. Defendants removed this action to federal court from the Superior Court of Santa Clara

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County on March 30, 2017. Plaintiff has not filed a timely objection to removal. This proceeding

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was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
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 Austin upon which relief could be granted arising under the Eighth

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Amendment for excessive force as detailed on page 8 of plaintiff’s complaint. In all other

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respects, plaintiff’s 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. 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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2. 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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3. 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.”

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4. 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. A difference of opinion about

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the proper course of treatment is not deliberate indifference, nor does a dispute between a

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prisoner and prison officials over the necessity for or extent of medical treatment amount to a

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constitutional violation. See, e.g., Toguchi v. Chung, 391 F.3d 1051, 1058

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Plaintiff is informed that the court cannot refer to a prior pleading in order to make an
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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In accordance with the above, IT IS HEREBY ORDERED that plaintiff is granted thirty

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days to file an amended complaint that complies with the terms of this order. If plaintiff does not

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file an amended complaint within 30 days, this action will proceed on plaintiff’s claim arising

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under the Eighth Amendment against defendant Austin and the court will recommend that all

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other defendants be dismissed.

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Dated: November 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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