(PC) Valles v. CDCR, et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 7/14/2021 ADOPTING in FULL 11 Findings and Recommendations. The Complaint is DISMISSED without leave to amend for failure to state a claim. The Clerk of Court is Directed to close the case. CASE CLOSED (Reader, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDREW VALLES,
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No. 2:20-cv-01905-TLN-AC
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 4, 2021, the magistrate judge filed findings and recommendations herein which
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were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings
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and recommendations were to be filed within twenty-one days. (ECF No. 11.) Plaintiff has filed
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objections to the findings and recommendations, (ECF No. 14), as well as a first amended
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complaint, (ECF No. 15).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the findings and recommendations to be supported by the record and by proper
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analysis. Plaintiff’s amended complaint does nothing to convince the Court that leave to amend
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would not be futile. As an initial matter, the amended complaint fails to identify any proper
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defendants. With respect to Plaintiff’s claims, the first claim appears to challenge Plaintiff’s
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denial of parole and allege discrimination based on his classification as a sex offender. (ECF No.
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15 at 29–34.) Plaintiff’s equal protection claim was addressed in the June 4, 2021 Findings and
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recommendation, (ECF No. 11 at 4–5), and his attempt to renew the claim fails for the same
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reasons. As for the due process claim, the protection afforded to California parole decisions
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consists solely of the “minimum” procedural requirements set forth in Greenholtz v. Inmates of
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Nebraska Penal & Correctional Complex, 442 U.S. 1 (1979). Swarthout v. Cooke, 562 U.S. 216,
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220 (2011). Specifically, that petitioner was provided with “an opportunity to be heard and . . . a
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statement of the reasons why parole was denied.” Id. (citing Greenholtz, 442 U.S. at 16). In this
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case Plaintiff was clearly provided both, since he has attached to the complaint the notice
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advising that he had thirty days to provide a statement as to why he should be released, indicating
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that he was provided an opportunity to be heard, (ECF No. 15 at 206), and the statement of
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reasons why his parole was denied, (id. at 200-02).
Plaintiff’s second claim appears to be based on his living conditions and medical care
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while housed at the California Institute for Men. Id. at 34–39. Even if Plaintiff were able to state
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a claim for relief against specifically identified individuals, venue would not be proper in this
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court because the claims arose in San Bernardino County, which is in the Central District of
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California. See 28 U.S.C. § 1391(b) (venue statute).
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Finally, the third claim appears to allege that Plaintiff’s right to due process was violated
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with regard to the administrative grievance process. (ECF No. 15 at 39-42.) However, Plaintiff
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has no claim for the “loss of a liberty interest in the processing of his appeals . . . because inmates
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lack a separate constitutional entitlement to a specific prison grievance procedure.” Ramirez v.
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Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. Adams, 855 F.2d 639, 640 (9th Cir.
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1988)).
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 4, 2021, ECF No. 11, are ADOPTED IN
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FULL;
2. The complaint is DISMISSED without leave to amend for failure to state a claim;
3. The Clerk of Court is directed to close the case.
DATED: July 14, 2021
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Troy L. Nunley
United States District Judge
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