Washam v. Henderson et al

Filing 11

ORDER DISMISSING WITH LEAVE TO AMEND re 1 Letter filed by Grant Leslie Washam. Signed by Judge Elizabeth D. Laporte on 11/14/13. (lrc, COURT STAFF) (Filed on 11/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GRANT LESLIE WASHAM,
Plaintiff,

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v.

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ORDER DISMISSING WITH
LEAVE TO AMEND

T. HENDERSON, et. al.,
Defendant.

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For the Northern District of California

United States District Court

No. C 13-4957 EDL (PR)

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Plaintiff, a detainee at Lake County Jail, has filed a pro se civil rights complaint
under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis.

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DISCUSSION
A.

Standard of Review
Federal courts must engage in a preliminary screening of cases in which prisoners

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seek redress from a governmental entity or officer or employee of a governmental entity.

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28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and

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dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may

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be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at

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1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police

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Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

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Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of

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the claim showing that the pleader is entitled to relief." "Specific facts are not necessary;

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the statement need only '"give the defendant fair notice of what the . . . . claim is and the

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grounds upon which it rests."'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citations

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omitted). Although in order to state a claim a complaint “does not need detailed factual

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allegations, . . . a plaintiff's obligation to provide the 'grounds’ of his 'entitle[ment] to relief'

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requires more than labels and conclusions, and a formulaic recitation of the elements of a

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cause of action will not do. . . . Factual allegations must be enough to raise a right to relief

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above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)

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(citations omitted). A complaint must proffer "enough facts to state a claim to relief that is

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plausible on its face." Id. at 570. The United States Supreme Court has recently explained

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the “plausible on its face” standard of Twombly: “While legal conclusions can provide the

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framework of a complaint, they must be supported by factual allegations. When there are

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well-pleaded factual allegations, a court should assume their veracity and then determine

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whether they plausibly give rise to an entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662,
679 (2009).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

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For the Northern District of California

United States District Court

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elements: (1) that a right secured by the Constitution or laws of the United States was

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violated, and (2) that the alleged deprivation was committed by a person acting under the

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color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

Legal Claims

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Plaintiff states that jail officials have obstructed his efforts to pursue legal actions.

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Prisoners have a constitutional right of access to the courts. See Lewis v. Casey,

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518 U.S. 343, 350 (1996); Bounds v. Smith, 430 U.S. 817, 821 (1977). To establish a

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claim for any violation of the right of access to the courts, the prisoner must prove that there

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was an inadequacy in the prison's legal access program that caused him an actual injury.

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See Lewis, 518 U.S. at 350-55. To prove an actual injury, the prisoner must show that the

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inadequacy in the prison's program hindered his efforts to pursue a non-frivolous claim

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concerning his conviction or conditions of confinement. See id. at 354-55.

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It is difficult to discern the exact nature of plaintiff’s allegations. He requested

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photocopies of paperwork including witness statements and bank account information that

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were related to various cases including police brutality and a case against jail guards.

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Though, plaintiff provides no information regarding that case against jail guards. Plaintiff

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states that jail personnel discarded the paperwork. Plaintiff’s allegations fail to state a

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claim. He must describe the cases that he was pursuing and an actual injury that he

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suffered. The cases must concern his conviction or conditions of confinement.1

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CONCLUSION

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1. The complaint is DISMISSED with leave to amend in accordance with the

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standards set forth above. The amended complaint must be filed within twenty-eight (28)

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days of the date this order is filed and must include the caption and civil case number used

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in this order and the words AMENDED COMPLAINT on the first page. Because an

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amended complaint completely replaces the original complaint, plaintiff must include in it all
the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.

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For the Northern District of California

United States District Court

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1992). He may not incorporate material from the original complaint by reference. Failure to

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amend within the designated time will result in the dismissal of this action.

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2. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the

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court informed of any change of address by filing a separate paper with the clerk headed

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“Notice of Change of Address,” and must comply with the court's orders in a timely fashion.

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Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to

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Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: November 14, 2013.
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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G:\PRO-SE\EDL\CR.13\Washam4957.dwlta.wpd

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Based on a letter plaintiff submitted to the court it appears the case involves his
mother and elder abuse and identity theft that resulted in a large financial loss. Docket No. 1
at 4.
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GRANT WASHAM,
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Case Number: CV13-04957 EDL
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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LAKE COUNTY SHERIFFS JAIL et al,
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Defendant.
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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 15, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Grant Leslie Washam #37933
L.C.S.O. Sheriff’s Jail
4913 Helbush Dr.
Lakeport, CA 95453
Dated: November 15, 2013
Richard W. Wieking, Clerk
By: Lisa R Clark, Deputy Clerk

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