(PC) Gonzalez v. Schultz ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL GONZALEZ, No. 2:24-cv-2565 CKD P 12 Plaintiff, 13 v. ORDER 14 JASON SCHULTZ, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 18 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 19 636(b)(1). 20 Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a 21 declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted. 22 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 23 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the 24 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 25 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 26 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 27 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 28 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 1 The court is required to screen complaints brought by prisoners seeking relief against a 2 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 3 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 4 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 6 The court has reviewed plaintiff’s complaint and finds that it fails to state a claim upon 7 which relief can be granted under federal law. Plaintiff’s complaint must be dismissed. The 8 court will, however, grant leave to file an amended complaint. 9 Plaintiff complains about conditions of confinement. Under the Eighth Amendment, 10 prison officials have a duty to protect prisoners from harmful conditions of confinement. See 11 Farmer v. Brennan, 511 U.S. 825, 833 (1994). A prison official may be held liable for subjecting 12 an inmate to harmful conditions of confinement if an inmate suffers a sufficiently serious injury, 13 and the prison official was deliberately indifferent to the risk of harm. Id. at 834, 837. The 14 relevant inquiry is whether prison officials, “acting with deliberate indifference, exposed a 15 prisoner to a sufficiently substantial risk of serious damage to his future health.” Id. at 834 16 (internal quotation omitted). A showing of negligence is not enough to establish a constitutional 17 violation. Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998) 18 Also, plaintiff is informed that there can be no liability under 42 U.S.C. § 1983 unless 19 there is some affirmative link or connection between a defendant’s actions and the claimed 20 deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory 21 allegations of official participation in civil rights, such as suing a Warden simply because they are 22 in charge of a prison, are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 23 1982). 24 Finally, plaintiff is informed that the court cannot refer to a prior pleading to make 25 plaintiff’s amended complaint complete. Local Rule 220 requires that an amended complaint be 26 complete in itself without reference to any prior pleading. This is because, as a general rule, an 27 amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th 28 Cir. 1967). Once plaintiff files an amended complaint, the original pleading no 1 | longer serves any function in the case. Therefore, in an amended complaint, as in an original 2 || complaint, each claim and the involvement of each defendant must be sufficiently alleged. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2) is granted. 5 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees 6 || shall be collected and paid in accordance with this court’s order to the Director of the California 7 || Department of Corrections and Rehabilitation filed concurrently herewith. 8 3. Plaintiff's complaint is dismissed. 9 4. Plaintiff is granted thirty days from the date of service of this order to file an amended 10 || complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 11 || Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 12 || number assigned this case and must be labeled “Amended Complaint.” Failure to file an 13 || amended complaint in accordance with this order will result in a recommendation that this action 14 || be dismissed. 15 | Dated: September 27, 2024 / ae □□ / a Ly a 16 CAROLYN K DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 | > gonz2565.14 22 23 24 25 26 27 28