(PC) Nance v. Unknown

Filing 24

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/18/2020 RECOMMENDING this action be dismissed for plaintiff's failure to state a claim under 42 U.S.C. § 1983. Referred to Judge William B. Shubb; Objections to F&R due within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELARA LARISHA NANCE,

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No. 2:20-cv-0894 WBS DB P

Plaintiff,

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v.

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FINDINGS AND RECOMMENDATIONS

UNKNOWN,

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Defendant.

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Plaintiff is a former county inmate1 proceeding pro se with a civil rights action under 42

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U.S.C. § 1983. Before the court is plaintiff’s second amended complaint for screening. For the

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reasons set forth below, the court will recommend dismissal of this action.

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BACKGROUND

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Plaintiff initiated this action on May 1, 2020. On screening, this court found plaintiff stated

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no cognizable claims for relief under § 1983. (ECF No. 16.) Plaintiff then filed a first amended

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complaint. (ECF No. 19.) Again, this court was unable to determine either the constitutional

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claims plaintiff was attempting to allege or the person or persons plaintiff contended violated

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plaintiff’s rights. (ECF No. 21.) Plaintiff’s first amended complaint was also dismissed with

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Plaintiff informed the court on October 20 that they are no longer in custody.
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leave to amend. On October 13, 2020, plaintiff filed a second amended complaint. (ECF No.

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22.)

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SCREENING

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As described in this court’s prior screening orders, the court is required to screen complaints

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brought by prisoners to determine whether they sufficiently state claims under 42 U.S.C. § 1983.

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28 U.S.C. § 1915A(a). The prisoner must plead an arguable legal and factual basis for each claim

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in order to survive dismissal. Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). In

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addition, the prisoner must demonstrate a link between the actions of each defendant and the

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deprivation of his rights. Monell v. Dept. of Social Servs., 436 U.S. 658 (1978). “A person

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‘subjects’ another to the deprivation of a constitutional right, within the meaning of § 1983, if he

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does an affirmative act, participates in another’s affirmative acts or omits to perform an act which

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he is legally required to do that causes the deprivation of which complaint is made.” Johnson v.

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Duffy, 588 F.2d 740, 743 (9th Cir. 1978).

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DOES PLAINTIFF STATE A COGNIZABLE CLAIM?
Plaintiff’s second amended complaint, like the prior complaints, fails to identify any

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defendants. Nor does plaintiff explain with any specificity just what conduct they are

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challenging. Plaintiff simply states that they were denied medical, dental, and psychiatric care at

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the Sacramento County Jail.
In the court’s prior screening orders, plaintiff was informed that to state a claim, they must:

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(1) identify a jail official; (2) explain what that official has done; (3) explain why that official’s

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conduct amounted to a violation of plaintiff’s constitutional rights; and (4) describe the relief

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plaintiff is seeking. (See ECF No. 16 at 3-4; No. 21 at 2-3.) Plaintiff was also informed of the

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standards to state claims for the denial of medical care, for the denial of hygiene supplies, and for

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interference with the right to practice religion. (ECF No. 16 at 4-8.) Despite these instructions,

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plaintiff fails to identify a defendant, explain what that defendant has done, or explain why that

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defendant’s conduct violated plaintiff’s constitutional rights.

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As this point, this court finds any further attempts to amend the complaint would be futile.

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Plaintiff’s second amended complaint is no closer to stating a claim for relief than was his

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original complaint.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for plaintiff’s
failure to state a claim under 42 U.S.C. § 1983.
These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after

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being served with these findings and recommendations, plaintiff may file written objections with

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the court. The document should be captioned “Objections to Magistrate Judge's Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time

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may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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Dated: November 18, 2020

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DLB:9
DLB1/prisoner-civil rights/nanc0894.SAC scrn fr

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