(PC)Rojas v. County Supervisor at The County of Sacramento et al

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 1/17/2023 GRANTING 2 Motion to Proceed IFP and ORDERING the Clerk's Office to send plaintiff a blank civil rights complaint form. Within 30 days from the date of service of this order, plaint iff must file one of the following: an amended complaint curing the deficiencies identified in this order; a notice of election to stand on the complaint as filed; or a notice of voluntary dismissal. Failure to respond to this order will result in a recommendation that this action be dismissed for failure to obey a court order and failure to prosecute. (Huang, H)

Case 2:22-cv-01205-DB Document 6 Filed 01/18/23 Page 1 of 4
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EUGENE ROJAS,

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Plaintiff,

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No. 2:22-cv-1205 DB P

v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff, a former inmate at the Sacramento County Jail, proceeds without counsel and

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seeks relief under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule

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302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff’s complaint filed on July 7, 2022, is before the

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court for screening. As set forth below, the complaint contains no factual allegations and fails to

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state a claim. Plaintiff will be granted leave to file an amended complaint.

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I.

In Forma Pauperis

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Plaintiff seeks to proceed in forma pauperis. (ECF No. 2.) The certificate portion of the

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request was not completed by plaintiff’s institution of incarceration, and plaintiff did not file a

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certified copy of his jail trust account statement for the six-month period immediately preceding

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the filing of the complaint. Based on plaintiff’s notice of change of address filed in another case

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and entered in this case, however, it appears plaintiff has been released from custody. Plaintiff’s
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Case 2:22-cv-01205-DB Document 6 Filed 01/18/23 Page 2 of 4
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declaration makes the showing required for a non-incarcerated plaintiff to proceed in forma

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pauperis. The motion will be granted.

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II.

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Screening Requirement
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), (2).

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A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v.

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Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir.

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1984). The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal

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theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical

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inquiry is whether a constitutional claim has an arguable legal and factual basis. See Jackson v.

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Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.

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Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a short and plain statement

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of the claim that shows the pleader is entitled to relief. Bell Atlantic Corp. v. Twombly, 550 U.S.

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544, 555 (2007). In order to state a cognizable claim, a complaint must contain more than “a

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formulaic recitation of the elements of a cause of action;” it must contain factual allegations

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sufficient “to raise a right to relief above the speculative level.” Id. The facts alleged must “‘give

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the defendant fair notice of what the... claim is and the grounds upon which it rests.’” Erickson v.

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Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atlantic, 550 U.S. at 555). In reviewing a complaint

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under this standard, the court accepts as true the allegations of the complaint and construes the

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pleading in the light most favorable to the plaintiff. See id.; Scheuer v. Rhodes, 416 U.S. 232, 236

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(1974).

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III.

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Screening of the Complaint
The court is unable to screen the complaint because the complaint does not contain any

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factual allegations in support of the claims for relief. Although the complaint states plaintiff

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intends to bring claims under the Eighth Amendment and First Amendment, and names two
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Case 2:22-cv-01205-DB Document 6 Filed 01/18/23 Page 3 of 4
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individual defendants in addition to the County of Sacramento, the “supporting facts” section of

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the complaint is blank. In order to state a claim under 42 U.S.C. § 1983, a plaintiff must allege a

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deprivation of a constitutional right under color of state law. See West v. Atkins, 487 U.S. 42, 48

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(1988). Section 1983 requires that there be an actual connection or link between the actions of the

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defendants and the deprivation alleged to have been suffered by a plaintiff. See Monell v.

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Department of Social Services, 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). “A

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person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of

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[S]ection 1983, if she does an affirmative act, participates in another’s affirmative acts or omits to

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perform an act which she is legally required to do that causes the deprivation of which complaint

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is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978)

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IV.

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Conclusion and Order
The complaint fails to state a claim because it contains no supporting factual allegations,

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but plaintiff is granted leave to file an amended complaint. See Noll v. Carlson, 809 F.2d 1446,

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1448-49 (9th Cir. 1987). If plaintiff chooses to file an amended complaint, it should be titled “first

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amended complaint” and must state what each named defendant did that led to the deprivation of

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plaintiff’s own constitutional rights. See Iqbal, 556 U.S. at 676-77. In the alternative, if plaintiff

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does not wish to pursue these claims further, plaintiff may file a notice of voluntary dismissal,

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which will terminate this action by operation of law.

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This opportunity to amend is not for the purpose of adding new claims. See George v.

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Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no “buckshot” complaints). Instead, plaintiff should

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focus efforts on identifying how his rights have been violated and how each named individual

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defendant is personally responsible for the alleged violations.

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An amended complaint supersedes the prior complaint, see Loux v. Rhay, 375 F.2d 55, 57

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(9th Cir. 1967), and must be “complete in itself without reference to the prior or superseded

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pleading,” E.D. Cal. Local Rule 220. Once plaintiff files an amended complaint, the original

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pleading no longer serves any function in the case. Therefore, in any amended complaint, plaintiff

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must sufficiently allege each claim and the involvement of each defendant.

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V.

Order

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In accordance with the above, IT IS HEREBY ORDERED:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is granted.

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2. The Clerk’s Office shall send plaintiff a blank civil rights complaint form.

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3. Within thirty days from the date of service of this order, plaintiff must file one of the

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following:

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a. An amended complaint curing the deficiencies identified in this order;

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b. A notice of election to stand on the complaint as filed; or

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c. A notice of voluntary dismissal.

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5. Failure to respond to this order will result in a recommendation that this action be

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dismissed for failure to obey a court order and failure to prosecute.

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Dated: January 17, 2023

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DLB7
roja1205.scrn.nofacts

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