Gonzales-Turner v. Muniz, et al.

Filing 12

ORDER OF DISMISSAL; DENYING 7 MOTION for an Order of Intervention. Signed by Judge JEFFREY S. WHITE on 10/7/14. (jjoS, COURT STAFF) (Filed on 10/7/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,
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v.
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MUNIZ, et al.,
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Defendants.
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No. C 14-3525 JSW (PR)
ORDER OF DISMISSAL;
DENYING MOTION FOR
INTERVENTION
(Dkt. 7)

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INTRODUCTION

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Anthony R. Turner, a prisoner of the State of California, filed this pro se civil

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rights complaint under 42 U.S.C. § 1983 on behalf of a class of other inmates. For the

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reasons discussed below, the complaint is dismissed without prejudice. The application

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to proceed in forma pauperis is granted in a separate order.

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STANDARD OF REVIEW

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Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement

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of the claim showing that the pleader is entitled to relief." "Specific facts are not

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necessary; the statement need only '"give the defendant fair notice of what the . . . . claim

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is and the grounds upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200

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(2007) (citations omitted). Although in order to state a claim a complaint “does not need

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detailed factual allegations, . . . a plaintiff's obligation to provide the 'grounds of his

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'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic

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recitation of the elements of a cause of action will not do. . . . Factual allegations must

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be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v.

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Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer

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"enough facts to state a claim for relief that is plausible on its face." Id. at 1974. Pro se

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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696,

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699 (9th Cir. 1990).

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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

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(2) that the alleged violation was committed by a person acting under the color of state

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law. West v. Atkins, 487 U.S. 42, 48 (1988).

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LEGAL CLAIMS

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This case may not proceed as a class action. Pro se prisoner plaintiffs are not

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adequate class representatives able to fairly represent and adequately protect the interests

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of the class. Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); see also Russell

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v. United States, 308 F.2d 78, 79 (9th Cir. 1962) ("a litigant appearing in propria persona

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has no authority to represent anyone other than himself"). Consequently, the claims that

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Defendants, officials at Salinas Valley State Prison, are violating the rights of the class of

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the inmates at that institution by denying them adequate medical care, law library access,

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office supplies and photocopies, communication with family members, and safety and

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protection, are dismissed.

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Furthermore, Turner claims that Defendants are violating orders in various class

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actions. The complaint seeks an order holding Defendants in contempt and enjoining

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them from violating such orders, as well as money damages. An individual suit for

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injunctive and equitable relief from allegedly unconstitutional prison conditions may be

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dismissed when it duplicates an existing class action's allegations and prayer for relief.

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See Pride v. Correa, 719 F.3d 1130, 1133 (9th Cir. 2013). To the extent Turner seeks

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relief based upon the violation of orders issued in other cases, he must do so in those

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cases, not in a separate action of his own.

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Turner also presents claims that Defendants are improperly processing

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administrative appeals. Such claims are not cognizable under Section 1983 because there

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is no constitutional right to a prison administrative appeal or grievance system. See

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Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003).

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Plaintiff may not bring a class action, enforce orders from other cases in a separate

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case of his own, obtain declaratory or injunctive relief on the basis of claims covered in

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pending in pending class actions, or bring claims based on improper processing of

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administrative appeals. Accordingly, the instant case is dismissed without prejudice to

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Plaintiff bringing claims on his own behalf, claims for money damages, or claims

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injunctive or other equitable relief to the extent they are not covered by a pending class

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action. He

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CONCLUSION

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For the reasons set out above, this action is DISMISSED without prejudice. In

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light of the separate order granting him leave to proceed in forma pauperis, Plaintiff’s

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motion for Court intervention in prison officials’ releasing trust account information is

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DENIED as unnecessary.

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The Clerk shall close the file and enter judgment.

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IT IS SO ORDERED.

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DATED: October 7, 2014

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY RECARDO
GONZALES-TURNER,

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Case Number: CV14-03525 JSW
CERTIFICATE OF SERVICE

Plaintiff,
v.
MUNIZ et al,
Defendant.

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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 October 7, 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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Anthony Recardo Gonzales-Turner G-27511
Salinas Valley State Prison (1050)
Mental Health Department
P.O. Box 1050
Soledad, CA 93960-1050
Dated: October 7, 2014
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk