(PC) Sanchez v. California Department of Corrections and Rehabilitation

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/26/2024 GRANTING the 2 Motion to Proceed IFP and DISMISSING the 1 Complaint. Amended Complaint due within 30 days. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO SANCHEZ,

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Plaintiff,

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No. 2:24-cv-1427 CKD P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1).

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Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a

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declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.

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Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§

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1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the

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initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.

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Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding

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month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by

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the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account

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exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

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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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The court has reviewed plaintiff’s complaint and finds that it fails to state a claim upon
which relief can be granted under federal law. Plaintiff’s complaint must be dismissed. The
court will, however, grant leave to file an amended complaint.

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The only defendant identified by plaintiff is the California Department of Corrections and

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Rehabilitation. The Eleventh Amendment serves as a jurisdictional bar to suits brought by private

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parties against a state or state agency unless the state or the agency consents to such suit. See

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Quern v. Jordan, 440 U.S. 332 (1979); Alabama v. Pugh, 438 U.S. 781 (1978) (per curiam);

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Jackson v. Hayakawa, 682 F.2d 1344, 1349-50 (9th Cir. 1982). The State of California has not

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consented to suit.
If plaintiff chooses to file an amended complaint, he is informed that there can be no

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liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a

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particular defendant’s actions, such as a correctional officer, and the claimed deprivation. Rizzo

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v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official

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participation in civil rights violations, such as by the Warden simply because he is the Warden,

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are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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Plaintiff is also advised that all claims in his amended complaint must be properly joined.

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Under Rule 20 of the Federal Rules of Civil Procedure, plaintiff cannot bring unrelated claims

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against different defendants. Simply put, plaintiff cannot join claims against defendant B that

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have nothing to do with those brought against defendant A. Claims are not properly joined

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simply because the underlying acts occurred at the same prison.

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Further, plaintiff is informed that under 42 U.S.C. § 1997e(a) “[n]o action shall be brought

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with respect to prison conditions under section 1983 of this title, or any other Federal law, by a

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prisoner confined in any jail, prison, or other correctional facility until such administrative

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remedies as are available are exhausted.”

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Finally, plaintiff is informed that the court cannot refer to a prior pleading to make

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plaintiff’s amended complaint complete. Local Rule 220 requires that an amended complaint be

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complete in itself without reference to any prior pleading. This is because, as a general rule, an

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amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th

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Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any

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function in the case. Therefore, in an amended complaint, as in an original complaint, each claim

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and the involvement of each defendant must be sufficiently alleged.

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In accordance with the above, IT IS HEREBY ORDERED that:

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

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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees

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shall be collected and paid in accordance with this court’s order to the Director of the California

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Department of Corrections and Rehabilitation filed concurrently herewith.

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3. Plaintiff’s complaint is dismissed.

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4. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “Amended Complaint.” Failure to file an

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amended complaint in accordance with this order will result in a recommendation that this action

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be dismissed.

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Dated: September 26, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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sanc1427.14

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