(PC) Shikeb Saddozai v. Hosey ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHIKEB SADDOZAI, Case No. 1:19-cv-01611-DAD-JDP 12 Plaintiff, ORDER DENYING MOTIONS TO APPOINT COUNSEL 13 v. ECF Nos. 8, 13 14 K. HOSEY, et al., ORDER GRANTING MOTION FOR LEAVE 15 Defendants. T O FILE AMENDED COMPLAINT 16 ECF No. 9 17 SCREENING ORDER 18 ECF No. 12 19 SECOND AMENDED COMPLAINT DUE IN SIXTY DAYS 20 21 Plaintiff is a prisoner proceeding without counsel in this civil rights action brought under 22 42 U.S.C. § 1983. Before the court are plaintiff’s motions for counsel, ECF Nos. 8, 13, and 23 plaintiff’s motion for leave to file amended complaint, ECF No. 9. Plaintiff’s first amended 24 complaint, ECF No. 12, is also before the court for screening. 25 Motions to Appoint Counsel 26 Plaintiff does not have a constitutional right to appointed counsel in this action, see Rand 27 v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court lacks the authority to require an 28 1 attorney to represent plaintiff. See Mallard v. U.S. District Court for the Southern District of 2 Iowa, 490 U.S. 296, 298 (1989). The court may request the voluntary assistance of counsel. See 3 28 U.S.C. § 1915(e)(1) (“The court may request an attorney to represent any person unable to 4 afford counsel”); Rand, 113 F.3d at 1525. However, without a means to compensate counsel, the 5 court will seek volunteer counsel only in exceptional circumstances. In determining whether such 6 circumstances exist, “the district court must evaluate both the likelihood of success on the merits 7 [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the 8 legal issues involved.” Rand, 113 F.3d at 1525 (internal quotation marks and citations omitted). 9 The court cannot conclude that exceptional circumstances requiring the appointment of 10 counsel are present here. Plaintiff’s motions appear to be either boilerplate or meant for another 11 case because they contain misstatements about the state of the instant action. See ECF No. 8 at 2 12 (claiming that his complaint has been found by the court to state a cognizable claim when it has 13 not); ECF No. 13 at 5 (claiming that he has been prevented from participated in discovery when 14 this case is not yet in the discovery phase). The allegations in the complaint are not exceptionally 15 complicated. Based on a review of the record, it is not apparent that plaintiff is unable to 16 articulate his claims adequately. Further, plaintiff has not demonstrated that he is likely to 17 succeed on the merits. 18 The court may revisit this issue at a later stage of the proceedings if the interests of justice 19 so require. If plaintiff later renews his request for counsel, he should provide a detailed 20 explanation of the circumstances that he believes justify appointment of counsel in this case. 21 Screening and Motion to Amend 22 Leave to amend a complaint should be freely given when justice so requires. See Fed. R. 23 Civ. P. 15(a). Therefore, the court grants plaintiff’s motion to amend. ECF No. 9. However, 24 plaintiff has filed a first amended complaint, ECF No. 12, that has failed to state a claim. Plaintiff 25 broadly asserts that all defendants committed a list of vague violations of plaintiff’s rights related 26 to resolving grievances without describing any action with specificity, including when, where, or 27 how such alleged violations occurred. See ECF No. 12. Thus, the court will provide plaintiff 28 with the pleading requirements and information about the legal standards for § 1983 claims 1 involving access to the courts, and allow sixty days for him to file an amended complaint. In his 2 second amended complaint, plaintiff should focus in detail on the personal actions of the 3 individual defendants. Plaintiff may not bring unrelated claims against unrelated defendants in 4 one lawsuit. 5 A complaint must contain a short and plain statement that plaintiff is entitled to relief, 6 Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its 7 face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not 8 require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S. 9 662, 678 (2009). If the allegations “do not permit the court to infer more than the mere 10 possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not 11 identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024, 12 1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that 13 give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 14 n.2 (9th Cir. 2006) (en banc) (citations omitted). 15 The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404 16 U.S. 519, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it 17 appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which 18 would entitle him to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017). 19 However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements 20 of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 21 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)). 22 Section 1983 allows a private citizen to sue for the deprivation of a right secured by 23 federal law. See 42 U.S.C. § 1983; Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 916 (2017). To 24 state a claim under § 1983, a plaintiff must show that a defendant acting under color of state law 25 caused an alleged deprivation of a right secured by federal law. See 42 U.S.C. § 1983; Soo Park 26 v. Thompson, 851 F.3d 910, 921 (9th Cir. 2017). The plaintiff can satisfy the causation 27 requirement by showing either (1) the defendant’s “personal involvement” in the alleged 28 deprivation or (2) a “sufficient causal connection” between the defendant’s conduct as a 1 supervisor and the alleged deprivation. See King v. Cty. of Los Angeles, 885 F.3d 548, 559 (9th 2 Cir. 2018). 3 Inmates have a “fundamental constitutional right of access to the courts.” Bounds v. 4 Smith, 430 U.S. 817, 828 (1977). This includes “both a right to meaningful access to the courts 5 and a broader right to petition the government for a redress of his grievances.” Silva v. Di 6 Vittorio, 658 F.3d 1090, 1102 (9th Cir. 2011). The right to be free to litigate without active 7 interference “forbids states from erecting barriers that impede the right of access of incarcerated 8 persons.” Id. (quotations and citations omitted). 9 To show a violation of the right to access to the courts, an inmate must demonstrate 10 “actual injury,” identifying a “specific instance” in which he was denied access. Sands v. Lewis, 11 886 F.2d 1166, 1171 (9th Cir. 1989); see also Lewis v. Casey, 518 U.S. 343, 349 (1996). The 12 injury requirement is “not satisfied by just any type of frustrated legal claim.” Lewis, 518 U.S. at 13 354-55. It is only satisfied if an inmate is denied access with regard to a direct appeal from their 14 conviction, habeas petitions, or civil rights actions challenging the conditions of their 15 confinement. Id. 16 Conclusion and order 17 We have screened plaintiff’s first amended complaint and find that it fails to state a 18 cognizable claim against any defendant. Plaintiff may file a second amended complaint if he 19 wishes to proceed with this suit. An amended complaint would need to allege what each 20 defendant did and why those actions violated plaintiff’s constitutional rights. If plaintiff fails to 21 amend his complaint within sixty days, we will issue findings and recommendations that 22 plaintiff’s complaint be dismissed for the reasons stated in this order. 23 The amended complaint should be brief,1 Fed. R. Civ. P. 8(a), but must state what actions 24 each named defendant took that deprived plaintiff of constitutional or other federal rights. See 25 Iqbal, 556 U.S. at 678; Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff must set 26 1 Plaintiff may not change the nature of this suit by adding new, unrelated claims or new, 27 unrelated defendants in his amended complaint. See Fed. R. Civ. P. 18; George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (“Unrelated claims against different defendants belong in different 28 suits . . . .”). wOow 4:40 VELL MARE VE MMU □ POO ee YW VI 1 | forth “sufficient factual matter... to “state a claim to relief that is plausible on its face.’” □□□□□□ 2 | 556U,S. at 678 (quoting Twombly, 550 U.S. at 570). Plaintiff must allege that each defendant 3 | personally participated in the deprivation of his rights. See Jones, 297 F.3d at 934. Plaintiff 4 | should note that a short, concise statement in which the allegations are ordered chronologically 5 | will help the court identify his claims. Plaintiff should describe how each defendant wronged 6 | him, the circumstances surrounding each of the claimed violations, and any harm he suffered. 7 If plaintiff decides to file an amended complaint, the amended complaint will supersede 8 | the original complaint. See Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. 2012) (en 9 | banc). This means that the amended complaint must be complete on its face without reference to 10 | the prior pleading. See E.D. Cal. Local Rule 220. Once an amended complaint is filed, the 11 || previous complaints no longer serve any function. Therefore, in an amended complaint, as in an 12 | original complaint, plaintiff must assert each claim and allege each defendant’s involvement in 13 | sufficient detail. The amended complaint should be titled “Second Amended Complaint” and 14 | refer to the appropriate case number. 15 Accordingly, 16 1. Plaintiff's motions to appoint counsel, ECF Nos. 8, 13, are denied without prejudice. 17 2. Plaintiff's motion for leave to file amended complaint, ECF No. 9, is granted. 18 3. Within sixty days from the service of this order, plaintiff must file a Second Amended 19 Complaint. 20 4. Failure to comply with this order will result in the dismissal of this action. 21 5. The clerk’s office is directed to send plaintiff a complaint form. 22 73 IT IS SO ORDERED. 24 ( Waban Dated: _ April 29, 2020 25 UNIT#D STATES MAGISTRATE JUDGE 26 27 | No. 205. 28