Rayford v. Mojica et al
Filing
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ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 7/3/2014. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 7/3/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RAPHAEL GEORGE RAYFORD,
Case No. 14-2421-VC (PR)
Plaintiff,
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ORDER DISMISSING COMPLAINT
WITHOUT LEAVE TO AMEND
v.
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R. MOJICA, et al.,
Defendants.
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United States District Court
Northern District of California
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Raphael George Rayford, an inmate at Salinas Valley State Prison proceeding pro se, filed
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a civil rights complaint pursuant to 42 U.S.C. § 1983 against officers and employees of the prison.
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Rayford has filed a motion for leave to proceed in forma pauperis, which is granted in a separate
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order. The Court now addresses the claims asserted in Rayford’s complaint.
DISCUSSION
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I.
Standard of Review
A federal court must screen any case in which a prisoner seeks redress from a
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governmental entity, or officer or employee of a governmental entity, to identify any cognizable
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claims and dismiss any that: (1) are frivolous or malicious; (2) fail to state a claim upon which
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relief may be granted; or (3) seek monetary relief from a defendant who is immune from such
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relief. 28 U.S.C. § 1915A(a). Pro se pleadings must be liberally construed. Balistreri v. Pacifica
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Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988).
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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements:
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(1) that a right secured by the Constitution or laws of the United States was violated, and (2) that
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the alleged violation was committed by a person acting under the color of state law. West v.
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Atkins, 487 U.S. 42, 48 (1988).
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Liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the
plaintiff can show that the defendant’s actions both actually and proximately caused the
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deprivation of a federally protected right. Lemire v. California Dep’t of Corrections &
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Rehabilitation, 726 F.3d 1062, 1074 (9th Cir. 2013); Leer v. Murphy, 844 F.2d 628, 634 (9th Cir.
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1988). A person deprives another of a constitutional right within the meaning of Section 1983 if
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he does an affirmative act, participates in another's affirmative act or fails to perform an act which
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he is legally required to do, that causes the deprivation of which the plaintiff complains. Leer, 844
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F.2d at 633.
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II.
The crux of Rayford’s complaint is that he has filed grievances, but they are not getting
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Rayford’s Allegations
processed. The grievances pertain to a July 21, 2013 incident in which Rayford was peppersprayed and, to cover up their illegal use of force, the officers who were involved filed two false
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United States District Court
Northern District of California
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rules violation reports against Rayford, including one that alleged Rayford committed arson. The
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complaint alleges Defendants R. Mojica, E. Medina and C. Martella, who are associated with the
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appeals process at Rayford’s prison, did not allow him to exhaust his administrative remedies for
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this grievance or file a civil rights action against the individuals involved.
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III.
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Rayford’s Claims
Based on these allegations, Rayford asserts the following claims: (1) First Amendment
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violation based on lack of access to the courts; (2) due process violation for not being able to
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appeal a conviction; (3) retaliation; and (4) equal protection.
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Although Rayford alleges that defendants prevented him from filing his civil rights
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complaint regarding the assault and arson incidents, the Court notes that, on March 21, 2014,
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Rayford filed in this Court a civil rights case, Rayford v. Medina, et al., case number C 14-1318
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VC (PR), against the individuals involved in those incidents and, on June 5, 2014, the Court issued
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an Order of Service in that case. See doc. no. 7, case no. C 14-1318 VC (PR). In its Order of
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Service, the Court served the following claims: (1) an Eighth Amendment excessive force claim
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against defendants Medina, Carmona, Brown and Tomasian; (2) an Eighth Amendment claim
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against Sanchez and Chase for knowing about the defendants’ unconstitutional behavior and doing
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nothing to prevent it; (3) a First Amendment retaliation claim against Medina for abusing Rayford
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in retaliation for filing a complaint; and (4) a due process claim against Salazar for denying
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Rayford his due process rights at a disciplinary hearing. In the earlier-filed case, Rayford asserted
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a claim based on lack of access to the courts, which the Court dismissed with leave to amend
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because the complaint contained no allegations to support such a claim. Apparently, instead of
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filing an amended complaint remedying this deficiency, Rayford filed this new complaint
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asserting claims based on lack of access to the courts.
The Court finds no harm in Rayford’s filing this new complaint instead of submitting an
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amended complaint in the earlier-filed case. However, the allegations in this complaint do not
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state a claim for relief. As mentioned above, the crux of Rayford’s complaint is that the
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defendants did not allow him to file grievances or a complaint in the assault incident and its
alleged cover up. But, Rayford has filed such complaint. Therefore, the allegations provide no
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United States District Court
Northern District of California
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basis for the claims asserted. Furthermore, there is no constitutional right to a prison
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administrative appeal or grievance system; consequently, a prison official’s failure to process
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grievances is not actionable under section 1983. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th
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Cir. 2003) (holding that the prisoner’s claimed loss of liberty interest in processing of
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administrative appeals does not violate due process because prisoners lack separate constitutional
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entitlement to specific prison grievance system). Thus, the lawsuit is dismissed. Dismissal is
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without leave to amend because amendment would be futile. However, dismissal under section
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1915A(a) is without prejudice to filing a paid complaint.
CONCLUSION
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For the foregoing reasons, the Court orders as follows:
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1. The complaint is dismissed without leave to amend but without prejudice to filing a
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paid complaint.
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2. The Clerk of the Court shall enter separate judgment and close the file.
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IT IS SO ORDERED.
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Dated:
July 3, 2014
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VINCE CHHABRIA
United States District Judge
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