(PC)Jolivette v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL PATRICK JOLIVETTE, No. 2:21-cv-0407 TLN CKD P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil action. This proceeding was 19 referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has paid the 20 filing fee. 21 The court is required to screen complaints brought by prisoners seeking relief against a 22 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 23 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 26 In his complaint, plaintiff asks that this court adopt the so-called “judgment” of an entity 27 called the “Adjudicator Court” located in Pasadena, California. Plaintiff claims under that 28 judgment he is entitled to various forms of injunctive relief and to have defendants, including the 1 California Department of Corrections and Rehabilitation, pay him approximately $10,000,000. 2 But plaintiff fails to point to any reason why the court could or should recognize the “judgment” 3 described. Second, there is no reason to believe plaintiff’s “Adjudicator Court” is an entity whose 4 judgment this court could adopt under any circumstances. 5 Plaintiff’s complaint is frivolous and fails to state a claim upon which relief can be 6 granted and must be dismissed. Plaintiff will be given one opportunity to amend his pleadings in 7 order to state a claim upon which might proceed. 8 If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions 9 complained of have resulted in a deprivation of plaintiff’s federal rights. See Ellis v. Cassidy, 10 625 F.2d 227 (9th Cir. 1980). Also, in his amended complaint, plaintiff must allege in specific 11 terms how each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 12 unless there is some affirmative link or connection between a defendant’s actions and the claimed 13 deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory 14 allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of 15 Regents, 673 F.2d 266, 268 (9th Cir. 1982). 16 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 17 make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended 18 complaint be complete in itself without reference to any prior pleading. This is because, as a 19 general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 20 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no 21 longer serves any function in the case. Therefore, in an amended complaint, as in an original 22 complaint, each claim and the involvement of each defendant must be sufficiently alleged. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. Plaintiff’s complaint is dismissed. 25 2. Plaintiff is granted thirty days to file an amended complaint that complies with the 26 requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of 27 Practice. The amended complaint must bear the docket number assigned this case and must be 28 ///// 1 | labeled “Amended Complaint.” Failure to file an amended complaint in accordance with this 2 || order will result in a recommendation that this action be dismissed. 3 | Dated: June 15, 2021 Card ht fa he 4 CAROLYNK. DELANEY SOS 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 4 9 joli0407.14 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28