(PC) Hopper v. Newsom ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS L. HOPPER, No. 2:20-CV-1802-KJM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint. See ECF No. 19 13. 20 The Court is required to screen complaints brought by prisoners seeking relief 21 against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 22 § 1915A(a). The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 23 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 24 from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover, 25 the Federal Rules of Civil Procedure require that complaints contain a “. . . short and plain 26 statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This 27 means that claims must be stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d 28 1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the 1 complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon which it 2 rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because Plaintiff must allege 3 with at least some degree of particularity overt acts by specific defendants which support the 4 claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is 5 impossible for the court to conduct the screening required by law when the allegations are vague 6 and conclusory. 7 Plaintiff names the California Department of Corrections and Rehabilitation as a 8 defendant to this action. The Eleventh Amendment prohibits federal courts from hearing suits 9 brought against a state both by its own citizens, as well as by citizens of other states. See Brooks 10 v. Sulphur Springs Valley Elec. Coop., 951 F.2d 1050, 1053 (9th Cir. 1991). This prohibition 11 extends to suits against states themselves, and to suits against state agencies. See Lucas v. Dep’t 12 of Corr., 66 F.3d 245, 248 (9th Cir. 1995) (per curiam); Taylor v. List, 880 F.2d 1040, 1045 (9th 13 Cir. 1989). ). A state’s agency responsible for incarceration and correction of prisoners is a state 14 agency for purposes of the Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781, 782 15 (1978) (per curiam); Hale v. Arizona, 993 F.2d 1387, 1398-99 (9th Cir. 1993) (en banc). 16 Because it does not appear possible that the deficiency identified herein can be 17 cured by amending the complaint, Plaintiff is not entitled to leave to amend prior to dismissal of 18 the California Department of Corrections and Rehabilitation as a defendant. See Lopez v. Smith, 19 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc). 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that California Department 2 | of Corrections and Rehabilitation be dismissed as a defendant to this action, with prejudice. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written 6 | objections with the court. Responses to objections shall be filed within 14 days after service of 7 | objections. Failure to file objections within the specified time may waive the right to appeal. See 8 | Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: August 23, 2021 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28