(PC) Lokerson v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON LOKERSON, No. 2:23-cv-2114 CKD P 12 Plaintiff, 13 v. ORDER 14 WARDEN, HIGH DESERT STATE PRISON, et al., 15 16 Defendants. 17 18 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 19 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1). 21 Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a 22 declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted. 23 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 24 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the 25 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 26 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 27 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 28 ///// 1 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 2 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 3 The court is required to screen complaints brought by prisoners seeking relief against a 4 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 5 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 8 The court has reviewed plaintiff’s complaint and finds that it fails to state a claim upon 9 which relief can be granted under federal law. Plaintiff’s complaint must be dismissed. The 10 court will, however, grant leave to file an amended complaint. The court provides the following 11 information to plaintiff to assist in drafting an amended complaint. 12 1. Plaintiff complains about the confiscation and loss of a poster at High Desert State 13 Prison. But plaintiff does not identify how the confiscation or loss of the poster violated any 14 federal right. If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the 15 conditions complained of have resulted in a deprivation of plaintiff’s constitutional rights. See 16 Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). 17 2. Plaintiff must allege in specific terms how each named defendant is involved. 18 There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or 19 connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 20 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil rights 21 violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). 22 3. With respect to the deprivation of property by prison officials, the United States 23 Supreme Court has held that “an unauthorized intentional deprivation of property by a state 24 employee does not constitute a violation of the procedural requirements of the Due Process 25 Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is 26 available.” Hudson v. Palmer, 468 U.S. 517, 533 (1984). The California Legislature has 27 provided such a remedy by permitting tort claims against public officials under California 28 Government Code, §§ 900, et seq. ] 4. Finally, plaintiff is informed that the court cannot refer to a prior pleading to make 2 | plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be 3 || complete without reference to any prior pleading. This is because, as a general rule, an amended 4 | complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 2) is granted. 7 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees 8 | shall be collected and paid in accordance with this court’s order to the Director of the California 9 || Department of Corrections and Rehabilitation filed concurrently herewith. 10 3. Plaintiff's complaint is dismissed. 11 4. Plaintiff □□ granted thirty days from the date of service of this order to file an amended 12 || complaint that complies with the requirements of this order, the Civil Rights Act, the Federal 13 | Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must bear the 14 || docket number assigned this case and must be labeled “Amended Complaint.” Failure to file an 15 || amended complaint in accordance with this order will result in a recommendation that this action 16 || be dismissed. 17 | Dated: October 17, 2023 / ae □□ / a Ly a 18 CAROLYN K DELANEY 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 | 1 loke2114.14 23 24 25 26 27 28