Jackson v. C.D.C.R. et al

Filing 74

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Motions terminated as moot or for lack of merit: 65 MOTION for Administrative Relief filed by Charlie Jackson, 57 MOTION to Appoint Counsel filed by Charlie Jackson, 64 MOTION to Compel filed b y Charlie Jackson, 67 MOTION for Leave to File filed by Charlie Jackson, 70 MOTION to Produce filed by Charlie Jackson. Amended Complaint due by 2/3/2013. Signed by Judge Charles R. Breyer on 1/3/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 1/4/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff(s),
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v.
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CALIFORNIA DEP'T OF CORRECTIONS )
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& REHABILIATION, et al.,
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Defendant(s).
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CHARLIE D. JACKSON, F03949,
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No. C 12-2516 CRB (PR)
ORDER OF DISMISSAL
WITH LEAVE TO AMEND
(Docket #57, 64, 65, 67 & 70)

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On May 16, 2012, while plaintiff was a prisoner at San Quentin State

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Prison (SQSP), he filed a pro se complaint under 42 U.S.C. § 1983 alleging

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continued harassment from correctional officers since he filed an administrative

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appeal against a correctional officer that resulted in the correctional officer being

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fired. Among other things, plaintiff alleged that correctional officers routinely

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contaminate his meals with toxic substances, tamper with his mail, and verbally

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abuse him and call him a "rat" and a "snitch."

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Per order filed on July 30, 2012, the court found that, liberally construed,

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plaintiff's allegations of continued and pervasive serious harassment from

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correctional officers at SQSP appear to state a cognizable claim for injunctive

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relief under § 1983 and ordered the claim served on SQSP Warden Kevin P.

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Chappell. Defendant was ordered to file a dispositive motion within 90 days.

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On September 28, 2012, plaintiff filed a voluminous First Amended

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Complaint (FAC) alleging numerous violations of his First Amendment right to

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freedom of speech and Eighth Amendment right against cruel and unusual

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punishment against sixty-four defendants. Plaintiff seeks declaratory, injunctive

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and monetary relief.

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Per order filed on October 9, 2012, the court stayed discovery until the

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FAC is screened under 28 U.S.C. § 1915A. But plaintiff recently informed the

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court that he has been released from prison and wishes to withdraw his request

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for a preliminary injunction. Plaintiff's release from prison indeed renders moot

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his claims for declaratory and injunctive relief. See Alvarez v. Hill, 667 F.3d

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1061, 1064 (9th Cir. 2012); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.

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1995). Plaintiff may only proceed with claims for monetary relief against

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individual defendants, which requires that he allege specific facts showing how

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each named defendant actually and proximately caused the deprivation of his

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federally protected rights of which he complains. See Leer v. Murphy, 844 F.2d

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628, 633-34 (9th Cir. 1988).

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Good cause appearing therefor, the FAC is DISMISSED with leave to

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amend, as indicated above, within 30 days of this order. The pleading must be

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simple and concise and must include the caption and civil case number used in

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this order and the words SECOND AMENDED COMPLAINT on the first page.

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Failure to file a proper amended complaint within the designated time will result

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in the dismissal of this action.

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Plaintiff is advised that the amended complaint will supersede the original

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complaint and all other pleadings. Claims and defendants not included in the

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amended complaint will not be considered by the court. See King v. Atiyeh, 814

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F.2d 565, 567 (9th Cir. 1987).

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Plaintiff's various pending miscellaneous motions (docket #57, 64, 65, 67

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& 70) are dismissed as moot and/or for lack of merit.

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SO ORDERED.

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DATED: January 3, 2013
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\Jackson, C.12-2516.dwlta.wpd

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