Washam v. Lake County Sheriff's Jail Dept. et al

Filing 6

ORDER DISMISSING WITH LEAVE TO AMEND. Signed by Judge Elizabeth D. Laporte on 1/14/14. (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,

ORDER DISMISSING WITH
LEAVE TO AMEND

v.

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No. C 13-5335 EDL (PR)

Plaintiff,

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LAKE COUNTY SHERIFF’S DEPT., et.
al.,
Defendants.
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For the Northern District of California

United States District Court

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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. He has been granted leave to proceed in forma pauperis.1

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DISCUSSION
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A.

Standard of Review

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

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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For the Northern District of California

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

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United States District Court

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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.

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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Plaintiff first alleges that a defendant learned of a complaint he filed and never
returned some legal papers he needed copied. Plaintiff next alleges a supervisor is

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covering up the physical abuse of inmates including plaintiff’s assault, by taking legal

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materials. Plaintiff then describes how defendant Henderson took his legal and financial

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documents and did not return them.

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The allegations against defendant Henderson are the subject of Case No. C 13-

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4957 EDL (PR), where plaintiff’s complaint was dismissed with leave to amend. Therefore,

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this claim is dismissed with prejudice from the instant action. To the extent plaintiff has

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been having difficulties pursuing his legal actions, he must provide more information

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describing how his efforts to pursue a non-frivolous claim concerning his conviction or

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conditions of confinement were hindered. Simply attaching exhibits is insufficient. It is not
clear what documents have been taken or denied and how it has harmed his legal

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For the Northern District of California

United States District Court

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proceedings. To the extent plaintiff wishes to allege retaliation he must also describe the

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specific actions of the defendants. The bare and conclsuory allegations in this complaint

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fail to state a claim.
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

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the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.

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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.
Dated: January 14, 2014.
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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G:\PRO-SE\EDL\CR.13\Washam5335.dwlta.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 LESLIE WASHAM,
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Case Number: CV13-05335 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

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

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