Youngblood v. PBSP Warden et al

Filing 9

ORDER OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 8/21/2017. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 8/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JESSE L. YOUNGBLOOD, 7 Plaintiff, 8 ORDER OF DISMISSAL v. 9 PBSP WARDEN, et al., 10 Defendants. 11 United States District Court Northern District of California Case No.16-cv-07119-JSC Plaintiff, a California prisoner at Corcoran State Prison, filed this pro se civil rights 12 13 complaint under 42 U.S.C. § 1983 against officials at Pelican Bay State Prison (“PBSP”), where 14 Plaintiff was formerly housed.1 Plaintiff claimed that in 1994, PBSP officials had failed to protect 15 him from being hurt by other inmates and had not provided adequate medical care for his injuries. 16 The Court reviewed the complaint under 28 U.S.C. § 1915A(a) and found that Plaintiff’s claims as 17 alleged were untimely because a California inmate has a maximum of four years to bring claims 18 under Section 1983 from the time he learns of the events giving rise to such claims. See Cal. Code 19 Civ. P. §§ 335.1, 352; Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004) (two-year period 20 set forth at California Civil Procedure Code § 335.1 is applicable statute in § 1983 actions); Fink 21 v. Shedler, 192 F.3d 911, 916-17 (9th Cir. 1999) (imprisonment delay accrual of cause of action 22 for maximum of two years). The complaint was dismissed with leave to file an amended 23 complaint in which Plaintiff alleged facts which would render his claims against Defendants 24 timely. Plaintiff has filed an amended complaint that does not allege any facts that would render 25 26 his claims untimely. He simply alleges that on two occasions in 1994 other inmates assaulted him, 27 1 28 Plaintiff consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 5.) 1 that his requests to be protected from those inmates prior to the attacks were not granted by PBSP 2 employees, and the medical care he received in 1994 following the incidents was not sufficient 3 because Defendant Dr. Cooper did not timely remove his stitches. Plaintiff has not cured the 4 deficiencies in his original complaint because his amended complaint does not allege any facts that 5 if true would render his claims timely. Accordingly, the case is DISMISSED for failure to state a 6 cognizable claim for relief because the facts alleged by Plaintiff show that his claims are barred by 7 the statute of limitations. 8 The Clerk shall enter judgment and close the file. 9 IT IS SO ORDERED. 10 Dated: August 21, 2017 United States District Court Northern District of California 11 12 JACQUELINE SCOTT CORLEY United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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