Loyer v. Spearman
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 7/24/2018 DENYING 9 Motion to Amend and DISMISSING 10 First Amended Complaint and 11 Second Amended Complaint. Plaintiff may file a third amended complaint within 30 days of the date of this order. (Henshaw, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLIFFORD C. LOYER,
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Plaintiff,
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No. 2:18-cv-0210-CMK-P
vs.
ORDER
MARLON SPEARMAN, JR.,
Defendant.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to amend (Doc. 9), a first
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amended complaint (Doc. 10), and a second amended complaint (Doc. 11).
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Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may amend his
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pleading once as a matter of right at any time before being served with a responsive pleading.
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However, there needs to be reasonable relationship between the original and amended pleadings.
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See Jackson v. Bank of Hawai’i, 902 F.2d 1385, 1387 (9th Cir. 1990). A review of the amended
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complaints filed in this action shows no reasonable relationship between plaintiff’s original
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complaint and any possible amended complaint. In his original complaint, plaintiff appears to be
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challenging the amount and quality of the food being served at High Desert State Prison (HDSP).
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In both the first and second amended complaints, it appears he is challenging his conviction and
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possibly his treatment by law enforcement. The court notes however, that plaintiff has also filed
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a petition for writ of habeas corpus in which he is challenging his conviction (CAED case
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number 2:18-cv-0499; transferred to the Central District of California on April 23, 2018, CACD
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case number 8:18-cv-00666). It is therefore unclear what plaintiff is attempting to challenge in
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this case, and his motion does not explain his intent.
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As such, the motion will be denied, and plaintiff’s amended complaints will be
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dismissed. However, plaintiff will be provided an opportunity to file a third amended complaint
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if that is his intention. In order to assist plaintiff in such a task, he is informed that the court
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cannot refer to a prior pleading in order to make plaintiff’s amended complaint complete. See
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Local Rule 220. An amended complaint must be complete in itself without reference to any prior
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pleading. See id. If plaintiff chooses to amend the complaint, plaintiff must demonstrate how
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the conditions complained of have resulted in a deprivation of plaintiff’s constitutional rights.
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See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms
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how each named defendant is involved, and must set forth some affirmative link or connection
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between each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d
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164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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As plaintiff’s complaint appears to be raising an issue with the food he is being
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served, he is further informed that adequate food and sanitation are basic human needs protected
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by the Eighth Amendment. Keenan v. Hall, 83 F.3d 1083, 1091 (9th Cir. 1996), amended by
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135 F.3d 1318 (9th Cir. 1998) (citing Hoptowit v. Ray, 682 F.2d 1237, 1246 (9th Cir. 1982)).
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However, “only those deprivations denying ‘the minimal civilized measure of life’s necessities’
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are sufficiently grave to form the basis of an Eighth Amendment violation.” Wilson v. Seiter,
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501 U.S. 294, 298 (1991) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)). “The Eighth
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Amendment requires only that prisoners receive food that is adequate to maintain health; it need
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not be tasty or aesthetically pleasing.” LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993).
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Inmates are guaranteed sanitation and personal hygiene supplies. See Keenan, 83 F.3d at 1091
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(citing Hoptowit, 682 F,2d at 1246). Exercise is also a necessity; outdoor exercise can be
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required when inmates are otherwise confined in small cells for almost 24 hours a day. See
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Spain v. Procunier, 600 F.2d 189, 199 (9th Cir. 1979). However, temporary unconstitutional
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conditions of confinement do not always rise to the level of constitutional violations. See
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Anderson v. County of Kern, 45 F.3d 1310 (9th Cir. 1995).
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Here, plaintiff’s claim appears to be relating to the amount and quality of the food
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he is being served. It does not appear that the allegations in the complaint will be sufficient to
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state a claim upon screening. If plaintiff decides to file an amended complaint, he should bear in
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mind the requirements set forth above. If plaintiff does not file an amended complaint within the
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time provided, this case will proceed on plaintiff’s original complaint and the court will issue any
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necessary screening orders.
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s motion to amend (Doc. 9) is denied;
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Plaintiff’s first and second amended complaints are dismissed;
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Plaintiff may file a third amended complaint within 30 days of the date of
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If a third amended complaint is not filed, this action will proceed on
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this order; and
plaintiff’s original complaint and the court will issue further screening orders as necessary.
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DATED: July 24, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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