Smith v. Chapell et al
Filing
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ORDER OF DISMISSAL. For the foregoing reasons, the complaint is DISMISSED without leave to amend. Signed by Judge Edward J. Davila on 1/28/2013. (ecg, COURT STAFF) (Filed on 1/29/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JERRY E. SMITH,
Plaintiff,
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vs.
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SERGEANT M. BLOISE, et al.,
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Defendants.
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No. C 12-04859 EJD (PR)
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ORDER OF DISMISSAL
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Plaintiff, a state prisoner at San Quentin State Prison, filed the instant civil rights
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action in pro se pursuant to 42 U.S.C. § 1983. The original complaint was dismissed with
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leave to amend and Plaintiff has filed an amended complaint. (Docket No. 6.)
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
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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
Order of Dismissal
04859Smith_dsm.wpd
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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
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In the original complaint, Plaintiff stated the sanitation and ventilation in the
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showers in his cell block were unhealthy due to drainage problems. A prison official said
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it would be repaired, but it was never fixed. Plaintiff provided no other information
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regarding the problem with the drainage. The complaint was dismissed with leave to
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amend for Plaintiff to describe in more detail how the drainage problem violated his
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Constitutional rights.
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Unfortunately, Plaintiff has failed to cure the deficiencies cited in the Court’s
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screening order in this amended complaint. Plaintiff has just repeated the same
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allegations of the original complaint. Plaintiff states that he filed a notice due to poor
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drainage, heating, plumbing, lighting and sanitation. (Am. Compl. at 3.) The Defendant
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in this case, a correctional sergeant said it would be fixed, but it was not fixed. (Id.)
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Plaintiff seeks an inunction for the necessary repairs to be made. (Id.)
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Plaintiff is again informed that the Eighth Amendment to the U.S. Constitution
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prohibits the infliction of cruel and unusual punishments. “The Constitution does not
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mandate comfortable prisons, ... but neither does it permit inhumane ones.” See Farmer
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v. Brennan, 511 U.S. 825, 832 (1994) (internal citations and quotation marks omitted).
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The treatment a prisoner receives in prison and the conditions under which he is confined
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are subject to scrutiny under the Eighth Amendment. Id. Prison authorities may not deny
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prisoners “‘the minimal civilized measure of life's necessities.’” Farmer, 511 U.S. at 834
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(quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)). In determining whether a
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deprivation of a basic necessity is sufficiently serious to satisfy the objective component
Order of Dismissal
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of an Eighth Amendment claim, a court must consider the circumstances, nature, and
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duration of the deprivation. The more basic the need, the shorter the time it can be
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withheld. Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000). Although the Eighth
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Amendment protects against cruel and unusual punishment, this does not mean that
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federal courts can or should interfere whenever prisoners are inconvenienced or suffer de
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minimis injuries. See, e.g., Hudson v. McMillian, 503 U.S. 1, 9–10 (1992) (8th
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Amendment excludes from constitutional recognition de minimis uses of force).
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Plaintiff’s amended complaint fails to state a claim as Plaintiff has simply again
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said that there are poor conditions in the shower. Plaintiff was previously informed that
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he needed to provide additional information to set forth an Eighth Amendment claim, but
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he has failed to even attempt to provide such information. Thus, Plaintiff has again only
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made an allegation of inconvenience which fails to set forth a constitutional violation. As
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it is clear from both the original and amended complaint that further amendment would be
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futile, this case is dismissed without leave to amend. See Lopez v. Smith, 203 F.3d 1122,
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1129 (9th Cir. 2000)
CONCLUSION
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For the foregoing reasons, the complaint is DISMISSED without leave to amend.
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DATED:
1/28/2013
EDWARD J. DAVILA
United States District Judge
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Order of Service; Directing Ds to file Disp. Motion
04859Smith_dsm.wpd
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