(PC) Davis v. Diaz et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 10/4/19 RECOMMENDING that this action be dismissed in its entirely without further leave to amend for failure to state a claim. Matter REFERRED to District Judge William B. Shubb. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DON ANGELO DAVIS,
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No. 2:19-CV-0222-WBS-DMC-P
Plaintiff,
v.
FINDINGS AND RECCOMMENDATIONS
RALPH DIAZ, et al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s first amended complaint (ECF No. 23).
The court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
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§ 1915A(a). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or
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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief
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from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover,
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the Federal Rules of Civil Procedure require that complaints contain a “. . . short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This
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means that claims must be stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d
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1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the
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complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon which it
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rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must allege
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with at least some degree of particularity overt acts by specific defendants which support the
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claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is
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impossible for the court to conduct the screening required by law when the allegations are vague
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and conclusory.
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I. PLAINTIFF’S ALLEGATIONS
Plaintiff Don Angelo Davis is an inmate at Pelican Bay State Prison in Crescent
City, California. Plaintiff appears to allege that various prison officials are involved in a scheme
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to miscalculate the duration of his sentence. See ECF No. 23, pg. 5. None of the named
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defendants are referenced in plaintiff’s allegations.
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II. DISCUSSION
When a state prisoner challenges the legality of his custody and the relief he seeks
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is a determination that he is entitled to an earlier or immediate release, such a challenge is not
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cognizable under 42 U.S.C. § 1983 and the prisoner’s sole federal remedy is a petition for a writ
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of habeas corpus. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); see also Neal v. Shimoda,
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131 F.3d 818, 824 (9th Cir. 1997); Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir.
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1995) (per curiam). Thus, where a § 1983 action seeking monetary damages or declaratory relief
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alleges constitutional violations which would necessarily imply the invalidity of the prisoner’s
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underlying conviction or sentence, or the result of a prison disciplinary hearing resulting in
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imposition of a sanction affecting the overall length of confinement, such a claim is not
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cognizable under § 1983 unless the conviction or sentence has first been invalidated on appeal, by
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habeas petition, or through some similar proceeding. See Heck v. Humphrey, 512 U.S. 477, 483-
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84 (1994) (concluding that § 1983 claim not cognizable because allegations were akin to
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malicious prosecution action which includes as an element a finding that the criminal proceeding
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was concluded in plaintiff’s favor); Butterfield v. Bail, 120 F.3d 1023, 1024-25 (9th Cir. 1997)
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(concluding that § 1983 claim not cognizable because allegations of procedural defects were an
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attempt to challenge substantive result in parole hearing); cf. Neal, 131 F.3d at 824 (concluding
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that § 1983 claim was cognizable because challenge was to conditions for parole eligibility and
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not to any particular parole determination); cf. Wilkinson v. Dotson, 544 U.S. 74 (2005)
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(concluding that § 1983 action seeking changes in procedures for determining when an inmate is
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eligible for parole consideration not barred because changed procedures would hasten future
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parole consideration and not affect any earlier parole determination under the prior procedures).
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Here, success on plaintiff’s claims relating to miscalculation of his sentence would
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clearly imply the invalidity of the term currently being imposed. To the extent plaintiff’s sentence
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has not been invalidated, recalculated, or otherwise overturned, plaintiff’s claims are not
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cognizable in this civil action.
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Plaintiff was granted leave to amend his original complaint but has failed to allege
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facts which establish a § 1983 claim. Plaintiff makes no factual reference to any of the defendants
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named in the amended complaint, nor does he explain how they are responsible for the
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deprivation of his rights. Plaintiff’s amended complaint is devoid of facts, filled with legal jargon,
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and no clearer than his original complaint. Compare ECF No. 1 with ECF No. 23.
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III. CONCLUSION
Because it does not appear possible that the deficiencies identified herein can be
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cured by amending the complaint, plaintiff is not entitled to leave to amend prior to dismissal of
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the entire action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc).
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Based on the foregoing, the undersigned recommends that this action be dismissed
in its entirely without further leave to amend for failure to state a claim.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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after being served with these findings and recommendations, any party may file written
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objections with the court. Responses to objections shall be filed within 14 days after service of
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objections. Failure to file objections within the specified time may waive the right to appeal. See
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: October 4, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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