Washam v. Henderson et al

Filing 16

ORDER DISMISSING WITH LEAVE TO AMEND. Signed by Judge Elizabeth D. Laporte on 1/15/14. (lrcS, COURT STAFF) (Filed on 1/15/2014)

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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

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under 42 U.S.C. § 1983. His original complaint was dismissed with leave to amend and he

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has filed an amended complaint.1

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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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Plaintiff has filed four actions in this court in the past month and some of the actions
have overlapping claims.

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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For the Northern District of California

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

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United States District Court

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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,

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679 (2009).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

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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.

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Legal Claims
Plaintiff states that jail officials have obstructed his efforts to pursue legal actions by

taking some of his legal papers.
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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Once a prisoner identifies the inadequacy in the program (e.g., law library or legal

an actual injury by hindering his efforts to pursue a legal claim. See Lewis, 518 U.S. at

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351. Examples of impermissible hindrances include: a prisoner whose complaint was

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dismissed for failure to satisfy some technical requirement which, because of deficiencies

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in the prison's legal assistance facilities, he could not have known; and a prisoner who had

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"suffered arguably actionable harm" that he wished to bring to the attention of the court, but

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was so stymied by the inadequacies of the library that he was unable even to file a

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complaint. See id.; see, e.g., Hebbe v. Pliler, 627 F.3d 338, 343 (9th Cir. 2010) (plaintiff

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demonstrated that denying him law library access while on lockdown resulted in "actual

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For the Northern District of California

assistant), he must demonstrate that the alleged shortcomings in the program caused him

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United States District Court

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injury" because he was prevented from appealing his conviction); Jones v. Blanas, 393

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F.3d 918, 936 (9th Cir. 2004) (agreeing with district court that prisoner "did not allege injury,

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such as inability to file a complaint or defend against a charge, stemming from the

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restrictions on his access to the law library"). Mere delay in filing papers would not be

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enough, for example, if they were nevertheless timely filed or accepted and considered by

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the court. See Hudson v. Robinson, 678 F.2d 462, 466 (3d Cir. 1982).

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With respect to a claim regarding active interference by prison officials, a prisoner

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alleges an actual injury if, as a result of the defendants' alleged actions, his pending suit

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was dismissed. See Silva v. Di Vittorio, 658 F.3d 1090, 1103-04 (9th Cir. 2011). Actual

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injury is a jurisdictional requirement that flows from the standing doctrine and may not be

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waived. Nevada Dep't of Corrections v. Greene, 648 F.3d 1014, 1018 (9th Cir. 2011)

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(citing Lewis, 518 U.S. at 349). It is "actual prejudice with respect to contemplated or

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existing litigation, such as the inability to meet a filing deadline or to present a claim."

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Lewis, 518 U.S. at 348.

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Destruction or confiscation of legal work may violate an inmate's right to access to

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the courts, see Vigliotto v. Terry, 873 F.2d 1201, 1202 (9th Cir. 1989), if plaintiff can

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establish actual injury, see Sands v. Lewis, 886 F.2d 1166, 1171 (9th Cir. 1989).

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Plaintiff states that defendant Henderson took into her possession a stack of legal

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mail, it seems for photocopying, that plaintiff has not received back. Some of the

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documents consisted of financial records related to plaintiff’s mother being the victim of

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identity theft. As these documents do not concern plaintiff’s conviction or conditions of

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confinement, this aspect of his claim is dismissed. The other legal documents concern

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plaintiff’s arrest and alleged excessive force used by police officers. There were

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statements and names and addresses of witnesses to the incident. Plaintiff states he does

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not know the contact information for the witnesses, and while it seems his ex-girlfriend may

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have this information, she now has no connection to plaintiff.
While plaintiff has followed the court’s instructions in providing more information

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For the Northern District of California

United States District Court

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regarding the documents, he has not described if he was in the midst of any legal action

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and if he suffered any legal injury in pursuing a legal action or why he cannot proceed with

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another case. It does not appear that any case was dismissed or plaintiff suffered any

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setback. On December 16, 2013, plaintiff filed a civil rights action in this court that appears

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to be this excessive force claim. See No. C 13-5825 EDL (PR). The amended complaint in

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this action will be dismissed with leave to amend so plaintiff can attempt to establish an

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actual legal injury as described above.
CONCLUSION

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

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the standards set forth above. The amended complaint must be filed within twenty-eight

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(28) days of the date this order is filed and must include the caption and civil case number

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

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Because an amended complaint completely replaces the original complaint, plaintiff must

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include in it all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258,

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1262 (9th Cir. 1992). He may not incorporate material from the original complaint by

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reference. Failure to amend within the designated time will result in the dismissal of this

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action.

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2. The motion to proceed in forma pauperis (Docket No. 14) is DENIED as moot.

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3. 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.
Dated: January 14 , 2014.
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge
G:\PRO-SE\EDL\CR.13\Washam4957.dwlta2.wpd

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For the Northern District of California

United States District Court

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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 January 15, 2014, 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: January 15, 2014
Richard W. Wieking, Clerk
By: Lisa R Clark, Deputy Clerk

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