(PC) Castro v. Covello ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH ANTHONY CASTRO, No. 2:24-cv-0928 CKD P 12 Plaintiff, 13 v. ORDER 14 PATRICK COVELLO, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 18 1983. On April 5, 2024, the court screened plaintiff’s complaint as the court is required to do 19 under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to amend. Plaintiff 20 has now filed an amended complaint. 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 Plaintiff complains about instances in which his mail was opened outside of his presence 27 by prison officials. According to plaintiff the mail was sent by a governmental agency and 28 concerned plaintiff’s children. However, plaintiff fails to point to anything suggesting this 1 | amounts to a denial of a federal right. While plaintiff generally has a right to not have mail from 2 || an attommey representing him to be opened outside of his presence, Hayes v. Idaho Correctional 3 || Center, 849 F.3d 1204, 1210 (9th Cir.2017), there is no such right simply because the mail 4 || recetved was from the government. See id. at 1211 (mail from courts as opposed to mail from a 5 || prisoner’s attorney can be opened outside of the prisoner’s presence). 6 For these reasons, plaintiff's amended complaint must be dismissed. The court will grant 7 || plaintiff one more opportunity to state a claim arising under federal law. Plaintiff is reminded 8 | that the court cannot refer to a prior pleading in order to make plaintiff's second amended 9 || complaint complete. Local Rule 220 requires that an amended complaint be complete in itself 10 || without reference to any prior pleading. 1] In accordance with the above, IT IS HEREBY ORDERED that: 12 1. Plaintiff's amended complaint is dismissed. 13 2. Plaintiff granted thirty days from the date of service of this order to file a second 14 || amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules 15 || of Civil Procedure, and the Local Rules of Practice. The second amended complaint must bear 16 || the docket number assigned this case and must be labeled “Second Amended Complaint.” Failure 17 || to file a second amended complaint in accordance with this order will result in a recommendation 18 || that this action be dismissed. 19 | Dated: September 27, 2024 / □□□ / 4 [iy ai 20 CAROLYNK. DELANEY 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 | 1 cast0928.14(2) 25 26 27 28