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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSE L. YOUNGBLOOD,

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Plaintiff,

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ORDER OF DISMISSAL

v.

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PBSP WARDEN, et al.,

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Defendants.

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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

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complaint under 42 U.S.C. § 1983 against officials at Pelican Bay State Prison (“PBSP”), where

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Plaintiff was formerly housed.1 Plaintiff claimed that in 1994, PBSP officials had failed to protect

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him from being hurt by other inmates and had not provided adequate medical care for his injuries.

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The Court reviewed the complaint under 28 U.S.C. § 1915A(a) and found that Plaintiff’s claims as

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alleged were untimely because a California inmate has a maximum of four years to bring claims

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under Section 1983 from the time he learns of the events giving rise to such claims. See Cal. Code

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Civ. P. §§ 335.1, 352; Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004) (two-year period

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set forth at California Civil Procedure Code § 335.1 is applicable statute in § 1983 actions); Fink

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v. Shedler, 192 F.3d 911, 916-17 (9th Cir. 1999) (imprisonment delay accrual of cause of action

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for maximum of two years). The complaint was dismissed with leave to file an amended

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complaint in which Plaintiff alleged facts which would render his claims against Defendants

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timely.
Plaintiff has filed an amended complaint that does not allege any facts that would render

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his claims untimely. He simply alleges that on two occasions in 1994 other inmates assaulted him,

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Plaintiff consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. §
636(c). (ECF No. 5.)

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that his requests to be protected from those inmates prior to the attacks were not granted by PBSP

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employees, and the medical care he received in 1994 following the incidents was not sufficient

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because Defendant Dr. Cooper did not timely remove his stitches. Plaintiff has not cured the

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deficiencies in his original complaint because his amended complaint does not allege any facts that

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if true would render his claims timely. Accordingly, the case is DISMISSED for failure to state a

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cognizable claim for relief because the facts alleged by Plaintiff show that his claims are barred by

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the statute of limitations.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: August 21, 2017

United States District Court
Northern District of California

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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