(PC) Mullins v. Shasta County Jail

Filing 4

ORDER signed by Magistrate Judge Chi Soo Kim on 1/2/2025 GRANTING 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350. 1 Complaint is DISMISSED. Within 30 days from the date of this order, plaintiff shall submit the completed Notice of Amendment and an original of the Amended Complaint. (Deputy Clerk HAH)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL R. MULLINS,

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Plaintiff,

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No. 2:24-cv-3697 CSK P
ORDER

v.
SHASTA COUNTY JAIL
ADMINISTRATION, et al.,
Defendants.

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Plaintiff is a county jail inmate proceeding pro se. Plaintiff seeks relief pursuant to

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42 U.S.C. § 1983 and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a).

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Accordingly, the request to proceed in forma pauperis is granted.
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 this order, plaintiff is assessed an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct

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the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and

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forward it to the Clerk of the Court. Thereafter, plaintiff is obligated to make monthly payments

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of twenty percent of the preceding month’s income credited to plaintiff’s trust account. These

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payments will be forwarded by the appropriate agency to the Clerk of the Court each time the
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amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C.

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§ 1915(b)(2).

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As set forth below, the complaint is dismissed with leave to amend.
I.

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SCREENING STANDARDS
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 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.

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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 when 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 Jackson v. Arizona, 885 F.2d 639, 640 (9th

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Cir. 1989), superseded by statute as stated in Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.

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2000) (“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably

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meritless legal theories or whose factual contentions are clearly baseless.”); Franklin, 745 F.2d at

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1227.

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

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statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the

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

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Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).

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In order to survive dismissal for failure to state a 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.” Bell Atlantic, 550 U.S. at 555.

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However, “[s]pecific facts are not necessary; the statement [of facts] need only ‘give the

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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, citations and internal

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quotations marks omitted). In reviewing a complaint under this standard, the court must accept as

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true the allegations of the complaint in question, Erickson, 551 U.S. at 93, and construe the

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

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(1974), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 (1984).

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II.

PLAINTIFF’S COMPLAINT

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In his first two claims, plaintiff alleges that he is being subjected to conditions of

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confinement that violate his Eighth Amendment rights, including exposure to black mold and

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asbestos in the housing and kitchen area, and alleges that despite numerous grievances, the black

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mold and asbestos have not been remediated. (ECF No. 1.) As a result, plaintiff has suffered

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diarrhea for weeks. (Id. at 3.) Plaintiff claims that correctional officers “sign disclosures to work

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around asbestos yet jail administration denies its presence to inmates.” (Id.) In his third claim,

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plaintiff alleges that defendants failed to comply with administrative remedies. (Id. at 5.) As

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relief, plaintiff seeks an unspecified injunction and punitive damages. (Id. at 6.)
As defendants, plaintiff names the “Shasta County Jail Administration, et al.,” and

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“Administrative” employed as “levels,” at Shasta County Jail. (ECF No. 1 at 2.)

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III.

DISCUSSION

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A.

Jail Grievances

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The Due Process Clause protects plaintiff against the deprivation of liberty without due

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process under the law. Wilkinson v. Austin, 545 U.S. 209, 221 (2005). However, “[t]here is no

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legitimate claim of entitlement to a grievance procedure.” Mann v. Adams, 855 F.2d 639, 640

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(9th Cir.1988) (citations omitted). Further, the failure to follow grievance procedures does not

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give rise to a due process claim. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003)

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(“inmates lack a separate constitutional entitlement to a specific prison grievance procedure”)

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(citation omitted). A prison or jail official’s denial of a grievance does not itself violate the

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constitution. Evans v. Skolnik, 637 F. App’x 285, 288 (9th Cir. 2015). “Because there is no right

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to any particular grievance process, it is impossible for due process to have been violated by

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ignoring or failing to properly process prison grievances.” Daniels v. Aguilera, 2018 WL
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558658, at *1 (E.D. Cal. Jan. 24, 2018), report and recommendation adopted, 2018 WL 1763311

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(E.D. Cal. Apr. 12, 2018); Wright v. Shannon, 2010 WL 445203, at *5 (E.D. Cal. 2010)

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(plaintiff's allegations that prison officials denied or ignored his inmate appeals failed to state a

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cognizable claim under the First Amendment). Because plaintiff cannot state a cognizable due

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process claim based on jail staff failing to comply with administrative remedies, plaintiff’s third

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claim should be dismissed.

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B.

Jail Conditions

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To state a claim for unconstitutional conditions, a plaintiff must allege an objectively

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“sufficiently serious” deprivation that results in the denial of “the minimal civilized measure of

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life’s necessities.” Farmer v. Brennan, 511 U.S. 825, 834 (1994); Johnson v. Lewis, 217 F.3d

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726, 731 (9th Cir. 2000); Allen v. Sakai, 48 F.3d 1082, 1087 (9th Cir. 1994); see Estate of Ford v.

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Ramirez-Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002). These are “deprivations of essential

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food, medical care, or sanitation” or “other conditions intolerable for prison confinement.”

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Rhodes v. Chapman, 452 U.S. 337, 348 (1981). “The circumstances, nature, and duration of a

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deprivation of [ ] necessities must be considered in determining whether a constitutional violation

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has occurred.” Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir. 2005) (internal quotation and

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citation omitted).

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In addition to alleging facts to support that he is confined in conditions posing a

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substantial risk of harm, a plaintiff must also allege facts to support that a defendant had a

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“sufficiently culpable state of mind,” i.e., that the official acted with deliberate indifference to

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inmate health or safety. Farmer, 511 at 834. In defining “deliberate indifference” in the prison

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context, the Supreme Court has imposed a subjective test: “the official must both be aware of the

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facts from which the inference could be drawn that a substantial risk of serious harm exists, and

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he must also draw the inference.” Id. at 837. A plaintiff must also allege how he was injured by

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the alleged unconstitutional conditions. See, e.g., Lewis v. Casey, 518 U.S. 343, 349 (1996)

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(doctrine of standing requires that claimant have suffered or will imminently suffer actual harm);

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Caswell v. Calderon, 363 F.3d 832, 836 (9th Cir. 2004).

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Here, plaintiff alleges facts demonstrating an objectively “sufficiently serious”
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deprivation, but plaintiff identifies no particular individual who acted with a sufficiently culpable

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state of mind; in other words, he must identify an individual who was deliberately indifferent to

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plaintiff’s health and safety. Indeed, plaintiff identifies no individual upon which the Court could

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order service of process. Plaintiff must identify the individual or individuals responsible for the

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violations he alleges. Therefore, the complaint must be dismissed. However, the Court will grant

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leave to file an amended complaint.

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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions

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about which he complains resulted in a deprivation of plaintiff’s constitutional rights. See e.g.,

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West v. Atkins, 487 U.S. 42, 48 (1988). Also, the complaint must allege in specific terms how

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each named defendant is involved. Rizzo v. Goode, 423 U.S. 362, 371 (1976). 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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defendant’s actions and the claimed deprivation. Rizzo, 423 U.S. at 371; May v. Enomoto, 633

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F.2d 164, 167 (9th Cir. 1980). Furthermore, vague and conclusory allegations of official

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participation in civil rights violations are not sufficient. Ivey v. Bd. of Regents, 673 F.2d 266,

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268 (9th Cir. 1982).
In addition, plaintiff is informed that the Court cannot refer to a prior pleading in order to

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

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complaint be complete in itself without reference to any prior pleading. This requirement exists

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because, as a general rule, an amended complaint supersedes the original complaint. See Ramirez

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v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (“an ‘amended complaint

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supersedes the original, the latter being treated thereafter as non-existent.’” (internal citation

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omitted)). 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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IV.

CONCLUSION

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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. Plaintiff
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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the

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Shasta County Sheriff filed concurrently herewith.

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3. Plaintiff’s complaint is dismissed.

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4. Within thirty days from the date of this order, plaintiff shall complete the attached

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Notice of Amendment and submit the following documents to the court:

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a. The completed Notice of Amendment; and

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b. An original of the Amended Complaint.

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Plaintiff’s amended complaint shall comply with the requirements of the Civil Rights Act, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must

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also bear the docket number assigned to this case and must be labeled “Amended Complaint.”

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Failure to file an amended complaint in accordance with this order may result in the dismissal of

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this action.

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Dated: January 2, 2025

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 2:24-cv-3697 CSK P

MICHAEL R. MULLINS,

v.

NOTICE OF AMENDMENT

SHASTA COUNTY JAIL
ADMINISTRATION, et al.,

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Defendants.

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Plaintiff submits the following document in compliance with the court’s order
filed on ______________ (date).

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Amended Complaint

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(Check this box if submitting an Amended Complaint)
DATED:

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Plaintiff