Clardy v. Bryant-Kaae et al

Filing 19

Order. Plaintiff's allegations fail to state a claim and he has been afforded two opportunities to cure the deficiencies. Accordingly, this actin is DISMISSED. Signed on 11/13/2017 by Judge Ann L. Aiken. (copy mailed to plaintiff) (jw)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

SIR GIORGIO SANFORD CLARDY,

Case No. 2: l 6-cv-02092-CL

Plaintiff,

ORDER

V.

CATHY BRYANT-KAAE, et al.,
Defendants.

AIKEN, District Judge:
Plaintiff, an inmate at Oregon State Penitentiary, filed this civil rights action pursuant to
42 U.S.C. § 1983 and applied to proceed in forma pauperis. Plaintiff's application was granted
and the court twice allowed plaintiff to amend his complaint to cure numerous deficiencies.
Plaintiff also was advised that failure to file a second amended complaint curing the noted
deficiencies would result in the dismissal of this proceeding. After review of plaintiff's second
amended complaint, it remains deficient and this action is dismissed.
In response to the court's recent order, plaintiff simply replaced the first page of his
amended complaint and refiled it as his "Second Amended Verified Complaint." Plaintiff did not
amend his allegations or otherwise comply with the court's order. Plaintiff's second amended
complaint remains 62 pages of narrative allegations and conclusory legal statements.

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As noted in the court's previous order, plaintiffs conclusory allegations do not state a
claim. Plaintiff purports to allege that defendants denied him access to legal resources and
impeded his ability to pursue Case No. 3: 13-cv-1158-CL. Specifically, plaintiff alleges that
defendants failed to provide access to a telephone book, bar directory, and legal materials and
failed to make a collect telephone call to a potential attorney. Sec. Am. Compl. at 5-21.
To state a claim for relief, plaintiff must allege an actual injury arising from defendants'
actions; namely, that defendants' conduct hindered a non-frivolous legal claim. Lewis v. Casey,
518 U.S. 343, 351-53 (1996). As explained previously, plaintiff does not explain how
defendants' alleged conduct hindered his litigation efforts; instead, he simply quotes verbatim
the grievances he submitted to defendants regarding his claims and makes conclusory legal
assertions.
Moreover, Case No. 3: 13-cv-01158-CL was dismissed after plaintiff refused to
participate in a properly-noticed deposition. See Case No. 3:13-cv-01158-CL (ECF Nos. 118,
125). The court rejected plaintiffs excuses for leaving the deposition and dismissed his claims
with prejudice. Therefore, plaintiffs allegations fail for this reason as well.
CONCLUSION
Plaintiffs allegations fail to state a claim and he has been afforded two opportunities to
cure the deficiencies. Accordingly, this action is DISMISSED.
IT IS SO ORDERED.
DATED thisi3_ day of November, 2017.

Ann Aiken
United States District Judge

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