Garrison v. Brown, et al

Filing 15

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Jeremy Fogel on 7/29/11. (dlm, COURT STAFF) (Filed on 8/5/2011)

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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEVE GARRISON,
Plaintiff,

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vs.

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JERRY BROWN, et al.,
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Defendants.
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No. C 11-01901 JF (PR)

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ORDER OF DISMISSAL WITH
LEAVE TO AMEND

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Plaintiff, a California prisoner currently incarcerated at the San Quentin State

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Prison (“SQSP”), filed the instant civil rights action in pro se pursuant to 42 U.S.C.

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§ 1983 against prison officials. Plaintiff’s motion for leave to proceed in forma pauperis

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will be granted in a separate order.

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DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a

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prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify
Order of Dismissal with Leave to Amend
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any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a

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claim upon which relief may be granted or seek monetary relief from a defendant who is

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immune from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be

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liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.

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1988).
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 violation was committed by a person acting under the

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color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

Plaintiff’s Claims
Plaintiff’s total statement of claim is as follows: “Due process violation, False

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Imprisonment, Involuntary Servitude, Cruel and unusual Punishment, My Earlier

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Complaint should show all Partys. ADA violations, I’m under The Mental Health Act.

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Denied Treatment while in San Quentin. Will discuss in Future Briefs” [sic]. (Compl. at

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3; Docket No. 5.) Plaintiff seeks punitive and compensatory damages for pain and

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suffering. (Id.)

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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, 551 U.S. 89, 93 (2007)

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(citations omitted). Here, Plaintiff’s allegations are insufficient to give Defendants notice

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of the grounds upon which the alleged claims rest. For example, Plaintiff alleges “due

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process violation” but fails to state when and how or which particular Defendant violated

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his right to due process. Furthermore, Plaintiff alludes to an “earlier complaint,” but there

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is no such document in this action other than the one addressed herein. (Docket No. 5.)

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“[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
Order of Dismissal with Leave to Amend
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relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 553-

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56 (2007) (citations omitted). Here, Plaintiff makes no factual allegations from which the

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Court can determine whether he states cognizable claims against the named Defendants,

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i.e., Jerry Brown, CDCR, State Parole, Board of Prison Terms, and Alameda Sheriffs

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Department. However, Plaintiff shall be granted leave to file an amended complaint to

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correct these deficiencies.
In filing an amended complaint, Plaintiff is advised that liability may be imposed

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on an individual defendant under 42 U.S.C. § 1983 if Plaintiff can show that the

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defendant proximately caused the deprivation of a federally protected right. See Leer v.

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Murphy, 844 F.2d 628, 634 (9th Cir. 1988); Harris v. City of Roseburg, 664 F.2d 1121,

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1125 (9th Cir. 1981). A person deprives another of a constitutional right within the

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meaning of section 1983 if he does an affirmative act, participates in another’s affirmative

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act or omits to perform an act which he is legally required to do, that causes the

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deprivation of which the plaintiff complains. See Leer, 844 F.2d at 633.1

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CONCLUSION

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For the reasons stated above, the Court orders as follows:

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1.

The complaint is DISMISSED with leave to amend within thirty (30) days

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from the date this order is filed, to correct the deficiencies discussed above. The amended

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complaint must include the caption and civil case number used in this order (11-01901 JF

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(PR)) and the words FIRST AMENDED COMPLAINT on the first page. Because an

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amended complaint completely replaces the previous complaints, Plaintiff must include in

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his amended complaint all the claims he wishes to present and all of the defendants he

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wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff

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may not incorporate material from the prior complaint by reference.

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The inquiry into causation must be individualized and focus on the duties and
responsibilities of each individual defendant whose acts or omissions are alleged to have
caused a constitutional deprivation. See Leer, 844 F.2d at 633 (citations omitted).
Order of Dismissal with Leave to Amend
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Failure to file an amended complaint in the time provided will result in the
dismissal without prejudice of this action without further notice to Plaintiff.
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It is Plaintiff’s responsibility to prosecute this case. Plaintiff must

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keep the Court informed of any change of address by filing a separate paper with the clerk

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headed “Notice of Change of Address.” He must comply with the Court’s orders in a

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timely fashion or ask for an extension of time to do so. Failure to comply may result in

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the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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DATED:

7/29/11

JEREMY FOGEL
United States District Judge

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Order of Dismissal with Leave to Amend
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

STEVE GARRISON,

Case Number: CV11-01901 JF

Plaintiff,

CERTIFICATE OF SERVICE

v.
JERRY BROWN, et al.,
Defendants.

/

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 8/5/11
, 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.

Steve Garrison AE7123
San Quentin State Prison
San Quentin, CA 94974
Dated:

8/5/11
Richard W. Wieking, Clerk