Morris v. Evans et al

Filing 10

ORDER OF DISMISSAL WITH LEAVE TO AMEND (SI, COURT STAFF) (Filed on 10/12/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEON EUGENE MORRIS,

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United States District Court
For the Northern District of California

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No. C 10-4010 SI (pr)

Plaintiff,

ORDER OF DISMISSAL WITH
LEAVE TO AMEND

v.
Warden M.S. EVANS; et al.,
Defendants.
/

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INTRODUCTION

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Leon Eugene Morris, an inmate at the California State Prison - Sacramento, filed a pro

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se civil rights action under 42 U.S.C. § 1983. His complaint is now before the court for review

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under 28 U.S.C. § 1915A.

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BACKGROUND

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The complaint covers a wide variety of prison conditions that Morris experienced,

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apparently at Salinas Valley State Prison. The complaint endeavors to touch upon everything

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Morris found disagreeable in the time period 2004 - 2006. In the complaint, Morris includes

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allegations about excessive force in 2004, 2005 and 2006; denial of access to the courts in 2006;

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deliberate indifference to medical needs in 2005; due process violations in 2005; Eighth

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Amendment violations in 2004 and 2005; denial of First Amendment rights in 2004 and 2005;

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cruel and unusual punishment in 2005 and early 2006; and retaliation in 2004, 2005, and 2006.

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Approximately sixty persons are listed as defendants. See Complaint, pp. 1-2.

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DISCUSSION

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A federal court must engage in a preliminary screening of any case in which a prisoner

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seeks redress from a governmental entity or officer or employee of a governmental entity. See

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28 U.S.C. §1915A(a). The court must identify any cognizable claims, and dismiss any claims

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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek

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monetary relief from a defendant who is immune from such relief.

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§1915A(b)(1),(2).

See 28 U.S.C.

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that

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a right secured by the Constitution or laws of the United States was violated and (2) that the

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United States District Court
For the Northern District of California

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violation was committed by a person acting under the color of state law. See West v. Atkins, 487

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U.S. 42, 48 (1988).

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The complaint has two significant deficiencies that require an amended complaint to be

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filed. First, the complaint has several claims that are not properly joined under Federal Rule of

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Civil Procedure 20(a) concerning joinder of claims and defendants. Rule 20(a)(2) provides that

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all persons "may be joined in one action as defendants if: (A) any right to relief is asserted

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against them jointly, severally, or in the alternative with respect to or arising out of the same

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transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or

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fact common to all defendants will arise in the action." Morris’ claims concern a wide variety

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of problems that happened at different times, and are alleged to have been caused by different

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defendants. In his amended complaint, Morris may only allege claims that (a) arise out of the

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same transaction, occurrence, or series of transactions or occurrences and (b) present questions

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of law or fact common to all defendants named therein. The bottom line is that Morris cannot

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complain in his amended complaint about everything during his imprisonment. Morris needs

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to choose what claims he wants to pursue that meet the joinder requirements. This is an

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important consideration for Morris because if he asserts improperly joined claims in his amended

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complaint, the court will dismiss the improperly joined claims.

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Second, the claims in the complaint appear to be barred by the statute of limitations.

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Section 1983 does not contain its own limitations period; instead, the court looks to the
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limitations period of the forum state's statute of limitations for personal injury torts. See Elliott

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v. City of Union City, 25 F.3d 800, 802 (9th Cir. 1994). California's statute of limitations period

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for personal injury torts is two years, so the statute of limitations period for § 1983 claims is two

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years. See Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004); Cal. Civ. Proc. Code §

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335.1; Elliott, 25 F.3d at 802. A claim accrues when the plaintiff knows or has reason to know

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of the injury which is the basis of the action. See TwoRivers v. Lewis, 174 F.3d 987, 991-92 (9th

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Cir. 1999); Elliott, 25 F.3d at 802. It is federal law, however, that determines when a cause of

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action accrues and the statute of limitations begins to run in a § 1983 action. Wallace v. Kato,

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549 U.S. 384, 388 (2007); Elliott, 25 F.3d at 801-02. Under federal law, a claim generally

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United States District Court
For the Northern District of California

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accrues when the plaintiff knows or has reason to know of the injury which is the basis of the

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action. See TwoRivers, 174 F.3d at 991-92; Elliott, 25 F.3d at 802. The statute of limitations

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period generally begins when a plaintiff has knowledge of the "critical facts" of his injury, which

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are "that he has been hurt and who has inflicted the injury." United States v. Kubrick, 444 U.S.

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111, 122 (1979). Although the statute of limitations is an affirmative defense that normally may

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not be raised by the court sua sponte, it may be grounds for sua sponte dismissal of an in forma

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pauperis complaint where the defense is complete and obvious from the face of the pleadings

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or the court's own records. See Franklin v. Murphy, 745 F.2d 1221, 1228-30 (9th Cir. 1984).

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That is the situation here: the defense appears complete and obvious from the face of the

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complaint because this action was filed more than four years after the occurrence of the acts and

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omissions alleged in the complaint.

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Incarceration of the plaintiff is a disability that may toll the statute for a maximum of two

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years, but only for a plaintiff who is in prison "for a term less than for life." See Cal. Civ. Proc.

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Code § 352.1. The court cannot now determine whether Morris receives tolling for the disability

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of imprisonment because he has not alleged the length of his sentence. In his amended

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complaint, he needs to state the length of his sentence so that the court will be able to determine

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whether he is entitled to any tolling for his imprisonment. In his amended complaint (or in a

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separately filed document), Morris must explain why the action should not be dismissed as time-

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barred. Of course, Morris is not limited to arguing only equitable tolling – he may proffer any
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argument he has to show that the statute of limitations does not bar this action.

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The order to show cause regarding Morris' pauper application is discharged. (Docket #

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5.) In his response to that order to show cause, Morris explained to the satisfaction of the court

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that he did not have three prior dismissals that counted for purposes of 28 U.S.C. § 1915(g) as

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of the time he filed this action.

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CONCLUSION
For the foregoing reasons, the complaint is dismissed with leave to amend. The amended

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complaint must be filed no later than November 18, 2011, and must include the caption and civil

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United States District Court
For the Northern District of California

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case number used in this order and the words AMENDED COMPLAINT on the first page.

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Plaintiff is cautioned that his amended complaint must be a complete statement of his claims and

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will supersede existing pleadings. See London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th

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Cir. 1981) ("a plaintiff waives all causes of action alleged in the original complaint which are

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not alleged in the amended complaint.") Failure to file the amended complaint by the deadline

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will result in the dismissal of the action.

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IT IS SO ORDERED.
Dated: October 12, 2011

_______________________
SUSAN ILLSTON
United States District Judge

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