Chambers v. McFadden-Jensen et al

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/19/2020 GRANTING Plaintiff 21 days within which to complete and return the attached form. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMBERT G. CHAMBERS,

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No. 2:18-cv-0613 TLN CKD P

Plaintiff,
v.

ORDER AND

R. MCFADDEN-JENSEN,

FINDINGS AND RECOMMENDATIONS

Defendant.

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Plaintiff is appearing pro se and in this civil rights action pursuant to 42 U.S.C. § 1983.

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This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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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) &

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(2). Plaintiff’s amended complaint (ECF No. 20) is before the court for screening.

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The court finds that this case may proceed against defendant Amber for his failure to

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protect against inmate violence claim arising under the Eighth Amendment. With respect to the

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other defendants identified in plaintiff’s amended complaint, the facts alleged fail to state
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actionable claims. Plaintiff has two options: 1) he may proceed on the claim described above

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against defendant Amber; or 2) make a final attempt to cure the deficiencies in his complaint with

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respect to the other defendants.

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In deciding whether to file an amended complaint, plaintiff should consider the following:

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1. The Eighth Amendment prohibits state actors from acting with deliberate indifference

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to an inmate's health or safety. See Farmer v. Brennan, 511 U.S. 825 (1994). A claim based on

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deliberate indifference to health or safety has two elements. First, an inmate must show he was

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“incarcerated under conditions posing a substantial risk of serious harm.” Id. at 834. Second, the

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inmate must show he was injured as a result of a defendant’s “deliberate indifference” to that risk.

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Id. Under the deliberate indifference standard, plaintiff must demonstrate prison officials knew

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he faced a substantial risk of serious harm and that they disregarded that risk by failing to take

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reasonable measures to abate it. Id. at 847.

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2. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link

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or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423

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U.S. 362 (1976). Vague and conclusory allegations of official participation in civil rights

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violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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Finally, plaintiff is informed that if he elects to amend the court cannot refer to a prior

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pleading in order to make the amended complaint complete. Local Rule 220 requires that an

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amended complaint be complete in itself without reference to any prior pleading. This is because,

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as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay,

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375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading

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no longer serves any function in the case. Therefore, in an amended complaint, as in an original

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complaint, each claim and the 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 21 days

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within which to complete and return the attached form notifying the court whether he wants to

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proceed on a claim against defendant Amber for failure to protect against inmate violence arising

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under the Eighth Amendment or whether he wishes to file a second amended complaint in an

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attempt to cure the deficiencies with respect to his claims against the other defendants. If plaintiff
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does not return the form, this action will proceed on the claim described above against defendant

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Amber, and the court will recommend that the other defendants be dismissed.

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Dated: February 19, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMBERT G. CHAMBERS,

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No. 2:18-cv-0613 TLN CKD P

Plaintiff,
PLAINTIFF’S NOTICE OF

v.
R. MCFADDEN-JENSEN, et al.,

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HOW TO PROCEED

Defendants.

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Check one:

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_____ Plaintiff wants to proceed immediately on a claim for failure to protect against inmate

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violence arising under the Eighth Amendment against defendant Amber.

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_____ Plaintiff wants time to file a second amended complaint.

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DATED:

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________________________________
Plaintiff

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