Youngblood v. Feather Falls Casino et al

Filing 4

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/29/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 3/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JESSE L. YOUNGBLOOD,
Plaintiff,

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vs.

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ORDER OF DISMISSAL

FEATHER FALLS CASINO, et. al.,
Defendants.

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For the Northern District of California

United States District Court

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No. C 13-1282 PJH (PR)

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Plaintiff, a prisoner at Corcoran Prison, has filed a pro se civil rights complaint under
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42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis.
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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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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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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, 129 S.Ct.
1937, 1950 (2009).

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For the Northern District of California

United States District Court

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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 alleges that he slipped and fell while at Feather Falls Casino on July 12,

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2002, prior to his incarceration. Plaintiff alleges that he filed several lawsuits in state and

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federal court that were dismissed and also various appeals that were denied. Plaintiff

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states that while incarcerated at Salinas Valley State Prison from 2005 to 2010 his legal

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work was being sabotaged by unnamed defendants which prevented him from continuing

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the litigation. Plaintiff wants all of his cases reopened and money damages.

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Feather Falls Casino is located in Oroville, CA which lies in the Eastern District of

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California. Court records and plaintiff’s complaint indicate that he filed a case in the

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Eastern District regarding this incident, Youngblood v. Feather Falls Casino, 03-1627 WBS

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JFM. That case was dismissed with prejudice on June 1, 2004, for lack of subject matter

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jurisdiction. To the extent plaintiff seeks this court to reopen his Eastern District or state

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cases, this court does not have the authority to provide plaintiff the relief he seeks.

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To the extent plaintiff seeks damages for allegations that his access to the court was

to the courts. See Lewis v. Casey, 518 U.S. 343, 350 (1996). To establish a claim for any

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violation of the right of access to the courts, the prisoner must prove that there was an

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inadequacy in the prison's legal access program that caused him an actual injury. See

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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. Assuming

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plaintiff suffered an actual injury for a non-frivolous claim related to this litigation, it does not

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involve his conviction or conditions of confinement as the case concerned a slip and fall at

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For the Northern District of California

denied, this action must also be dismissed. Prisoners have a constitutional right of access

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United States District Court

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a casino prior to incarceration. Therefore, this claim must be denied.

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"Under Ninth Circuit case law, district courts are only required to grant leave to

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amend if a complaint can possibly be saved. Courts are not required to grant leave to

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amend if a complaint lacks merit entirely." Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir.

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2000); see also, Smith v. Pacific Properties and Development Corp., 358 F.3d 1097, 1106

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(9th Cir. 2004), citing Doe v. United States, 58 F.3d 494, 497 (9th Cir. 1995) ("a district

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court should grant leave to amend even if no request to amend the pleading was made,

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unless it determines that the pleading could not be cured by the allegation of other facts.").

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This appears to be one of those relatively rare cases when to grant plaintiff leave to amend

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would be patently futile based on the discussion above.

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CONCLUSION
This action is DISMISSED with PREJUDICE for the reasons set forth above as this
case is frivolous and fails to state a claim on which relief may be granted.
IT IS SO ORDERED.
Dated: March 29, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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