(PC) Goods v. Baughman et al

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/4/2024 DIRECTING the clerk to randomly assign a District Judge to this Action. District Judge Daniel J. Calabretta and Magistrate Judge Deborah Barnes for all f urther proceedings. It is further RECOMMENDED that 1 Complaint be dismissed. Referred to Judge Daniel J. Calabretta. Objections due within 30 days after being served with these Findings and Recommendations. New Case Number: 2:23-cv-2790 DJC DB (PC). (Kyono, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY GOODS,

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No. 2:23-cv-2790 DB P

Plaintiff,

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v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

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DAVID BAUGHMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.

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§1983. Before the court is plaintiff’s complaint for screening. For the reasons set forth below,

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this court recommends the complaint be dismissed without leave to amend.

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BACKGROUND

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Plaintiff filed this action in December 2023. On March 5, 2024, this court granted

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plaintiff’s motion to proceed in forma pauperis and, on screening the complaint, found that this

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action may be untimely. This court ordered plaintiff to address the question of the statute of

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limitations. (ECF No. 7.) In his May 16 response, plaintiff alleges facts that appear to

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demonstrate he has complied with the statute of limitations. Accordingly, this court will screen

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plaintiff’s complaint on the merits.

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SCREENING
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Legal Standards
The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or an 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 the prisoner has raised claims

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that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be

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granted, or that seek monetary relief from a defendant who is immune from such relief. See 28

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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.

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

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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an

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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,

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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully

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pleaded, has an arguable legal and factual basis. See Franklin, 745 F.2d at 1227. Rule 8(a)(2) of

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the Federal Rules of Civil Procedure “requires only ‘a short and plain statement of the claim

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showing that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of what

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the . . . claim is and the grounds upon which it rests.’” Bell Atlantic Corp. v. Twombly, 550 U.S.

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544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).

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However, in order to survive dismissal for failure to state a claim a complaint must

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contain more than “a formulaic recitation of the elements of a cause of action;” it must contain

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factual allegations sufficient “to raise a right to relief above the speculative level.” Bell Atlantic,

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550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the

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allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S.

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738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all

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doubts in the plaintiff’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).

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The Civil Rights Act under which this action was filed provides as follows:

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Every person who, under color of [state law] . . . subjects, or causes
to be subjected, any citizen of the United States . . . to the deprivation
of any rights, privileges, or immunities secured by the Constitution .
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. . shall be liable to the party injured in an action at law, suit in equity,
or other proper proceeding for redress.

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42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the

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actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See

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Monell v. Dept. of Social Servs., 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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1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform

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

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

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II.

Analysis

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A. Plaintiff’s Allegations

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Plaintiff is incarcerated at California State Prison, Los Angeles. He complains of conduct

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that occurred between 2017 and 2019 when he was incarcerated at California State Prison,

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Sacramento (“CSP-Sac”) and at Salinas Valley State Prison (“SVSP”). (ECF No. 1.) Plaintiff

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identifies ten defendants: (1) Warden David Baughman; (2) Appeals Coordinator C. Lacy; (3)

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Sargent B. Scruggs; (4) Associate Warden J. Peterson; (5) Assistant Warden F. Leckie; (6)

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Lieutenant B. Jones; (7) Correctional Office (“CO”) T.R. Reamer; (8) CO C. Martella; (9) CO V.

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Lomeli; and (10) CO R. Largent.

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Plaintiff’s allegations are somewhat difficult to decipher and are not consistently in

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chronological order. As best this court can discern, plaintiff is alleging the following. The U.S.

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Postal Service delivered a publication for plaintiff to CSP-Sac on December 7, 2017. When

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plaintiff did not receive that mail, he filed a grievance. On February 12, 2018, in response to

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plaintiff’s grievance, defendant Scruggs falsely stated that plaintiff had been provided the mail on

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December 24 and December 17, 2017. (ECF No. 1 at 6.) Plaintiff states that he was given some

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mail on those dates but was not given the publication received by the prison on December 7. On

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February 15, 2018, in reviewing the grievance, defendant Leckie stated that the appeal was

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granted and that plaintiff’s mail had been given to him. It had not. On April 20, 2018, defendant

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Lacy falsely stated the same. (Id. at 8.)
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After plaintiff was transferred to SVSP in January 2018, defendant Reamer recorded that a

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package of books was delivered there. Reamer then returned the property to CSP-Sac, writing

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“Not allowed book from other inmates no vendor name on pkg. or on invoice for books.” (ECF

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No. 1 at 9.)

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Plaintiff submitted another grievance on April 26, 2018 regarding the continuing failure to

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deliver the publication to him. Plaintiff then appears to contend that his appeal, and several

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others he filed thereafter, were denied or canceled to “obscure the initial issue from ever being

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address and resolved!” (ECF No. 1 at 9.) According to plaintiff, defendant Martella forwarded

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the appeal to CSP-Sac to “protect and conspire with defendant Reamer.” Defendant Lacy

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required plaintiff to rewrite the appeal, which plaintiff did, only to be told that the issue had been

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resolved. (Id. at 10.) Appeals Coordinator Lomeli told plaintiff to stop submitting appeals on the

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issue.

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Defendant Baughman did not respond to an appeal until February 12, 2019. Plaintiff does

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not explain what Baughman determined. On February 17, 2019, apparently at the next level of

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review, defendant Jones “fraudulently” granted the appeal, stating that plaintiff had received the

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mail. (ECF No. 1 at 8.) Plaintiff “exhausted” his administrative remedies on December 16, 2019.

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(Id. at 6.) Plaintiff does not explain in his complaint just what action was taken at that time.

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Plaintiff alleges all defendants schemed to create a process through which plaintiff’s grievance

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would never be resolved. Plaintiff concludes that he has never been provided the publication

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delivered to CSP-Sac on December 7, 2017.

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B. Does Plaintiff State Claims for Relief?

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Plaintiff states that he is asserting claims for interference with his mail and for abuse of

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the appeals process.
1. Interference with Mail

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With respect to incoming prisoner mail, prison officials have a responsibility to forward

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mail to inmates promptly. See Penton v. Johnson, No. 22-15665, 2023 WL 7121407, at *2 (9th

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Cir. Oct. 30, 2023) (citing Bryan v. Werner, 516 F.2d 233, 238 (3d Cir. 1975)). Allegations that

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mail delivery was delayed for an inordinate amount of time and allegations of a pattern of
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interference with mail are sufficient to state a claim for violation of the First Amendment. See

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Penton, 2023 WL 7121407, at *2 (citing Antonelli v. Sheahan, 81 F.3d 1422, 1432 (7th Cir.

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1996)); Calihan v. Adams, No. 1:09-cv-1373 MJS (PC), 2011 WL 284467, at *3 (E.D. Cal. Jan.

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26, 2011) (ongoing delays of between 21 and 35 days in receiving incoming mail sufficiently

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long to substantially burden plaintiff’s First Amendment rights and chill his exercise of free

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speech). Any practice or regulation that unduly delays an inmate’s incoming mail must be

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reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89

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(1987).

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Courts have also afforded greater protection to legal mail than non-legal mail. See Hayes

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v. Idaho Corr. Ctr., 849 F.3d 1204 (9th Cir. 2017). Further, isolated incidents of mail interference

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will not support a claim under §1983 for violation of plaintiff’s constitutional rights. See Davis v.

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Goord, 320 F.3d 346, 351 (2nd Cir. 2003); Gardner v. Howard, 109 F.3d 427, 431 (8th Cir.

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1997); Smith v. Maschner, 899 F.2d 940, 944 (10th Cir. 1990); see also Crofton v. Roe, 170 F.3d

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957, 961 (9th Cir. 1999) (emphasizing that a temporary delay or isolated incident of delay of mail

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does not violate a prisoner's First Amendment rights). Generally, such isolated incidents must be

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accompanied by evidence of an improper motive on the part of prison officials or result in

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interference with an inmate’s right of access to the courts or counsel in order to rise to the level of

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a constitutional violation. See Gardner, 109 F.3d at 431; Smith, 899 F.2d at 944.

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Plaintiff’s attempts to obtain the publication delivered on December 7, 2017 have been

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understandably frustrating. However, plaintiff fails to show they rise to the level of a

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constitutional violation. Plaintiff’s allegations involve one incident of the deprivation of his non-

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legal mail. Plaintiff does not allege specific facts showing defendants had an improper motive in

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failing to turn over that mail. Plaintiff’s allegations are essentially that he has been deprived of

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his property. Claims regarding deprivation of plaintiff’s personal property are state law claims

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that are not cognizable in §1983 because plaintiff has an adequate post-deprivation remedy under

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state law. See Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 1994) (citing Cal. Gov’t Code §§

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810–95).

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Plaintiff has not stated any plausible claims for a violation of his First Amendment rights.
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2. Grievance Process

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Prison officials are not required under federal law to process inmate grievances in a

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specific way or to respond to them in a favorable manner. It is well established that “inmates lack

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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)); see also, e.g., Wright v. Shannon, No. 1:05-cv-1485 LJO YNP PC, 2010 WL 445203, at

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*5 (E.D. Cal. Feb. 2, 2010) (plaintiff’s allegations that prison officials denied or ignored his

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inmate appeals failed to state a cognizable claim under the First Amendment); Walker v.

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Vazquez, No. 1:09-cv-0931 YNP PC, 2009 WL 5088788, at *6-7 (E.D. Cal. Dec.17, 2009)

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(plaintiff's allegations that prison officials failed to timely process his inmate appeals failed to a

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state cognizable under the Fourteenth Amendment); Towner v. Knowles, No. CIV S-08-2833

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LKK EFB P, 2009 WL 4281999, at *2 (E.D. Cal. Nov. 20, 2009) (plaintiff’s allegations that

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prison officials screened out his inmate appeals without any basis failed to indicate a deprivation

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of federal rights). Again, this court is sympathetic to the frustrations plaintiff experienced during

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the appeals process. However, defendants’ alleged conduct does not amount to a claim of

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constitutional dimensions.

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To the extent plaintiff is alleging defendants’ conduct was a conspiracy, plaintiff is

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advised that allegations of a conspiracy do not, in themselves, state “a constitutional tort under

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§1983.” A conspiracy “does not enlarge the nature of the claims asserted by the plaintiff, as there

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must always be an underlying constitutional violation.” Lacey v. Maricopa Cnty., 693 F.3d 896,

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935 (9th Cir. 2012) (en banc) (citations omitted). Here, plaintiff has not alleged a cognizable

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underlying constitutional violation.

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Plaintiff’s allegations regarding the grievance process do not state a claim under §1983.
CONCLUSION
Above, this court finds plaintiff fails to state any plausible claims for relief under §1983.

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Therefore, his complaint should be dismissed. The question is whether dismissal should be with,

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or without, leave to amend. See Lopez v. Smith, 203 F.3d 1122, 1126-30 (9th Cir. 2000) (en

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banc). Leave to amend should be granted if it appears possible that the defects in the complaint
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could be corrected, especially if a plaintiff is pro se. Id. at 1130-31; see also Cato v. United

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States, 70 F.3d 1103, 1106 (9th Cir. 1995) (“A pro se litigant must be given leave to amend his or

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her complaint, and some notice of its deficiencies, unless it is absolutely clear that the

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deficiencies of the complaint could not be cured by amendment.”) (citing Noll v. Carlson, 809

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F.2d 1446, 1448 (9th Cir. 1987)). However, if, after careful consideration, it is clear that a

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complaint cannot be cured by amendment, the court may dismiss without leave to amend. Cato,

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70 F.3d at 1005-06.

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This court finds that, as set forth above, plaintiff’s allegations against defendants cannot
establish any plausible claims under §1983 as a matter of law and amendment would be futile.

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Because plaintiff has failed to allege facts that might show a violation of his constitutional rights,

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this action should be dismissed.

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For the foregoing reasons, the Clerk of the Court IS HEREBY ORDERED to randomly
assign a district judge to this case.
Further, IT IS RECOMMENDED that the complaint be dismissed without leave to amend
for plaintiff’s failure to state a claim for relief.
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: June 4, 2024

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DLB:9/DB prisoner inbox/civil rights/S/good2790.scrn fr

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