(PC) Taylor v. Gordan

[7] 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA [10] 11 ARTHUR TAYLOR, No. 2:24-cv-0403 CKD P 12 Plaintiff, 13 v. ORDER 14 GORDAN, 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. 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 If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions 10 complained of have resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v. 11 Cassidy, 625 F.2d 227 (9th Cir. 1980). Plaintiff must allege in specific terms how each named 12 defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there is some 13 affirmative link or connection between a defendant’s actions and the claimed deprivation. Rizzo 14 v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official 15 participation in civil rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266 , 16 268 (9th Cir. 1982). 17 Plaintiff’s complaint is difficult to understand. In his amended complaint, plaintiff should 18 write coherently taking care to link a defendant’s conduct to any Constitutional wrong plaintiff 19 feels he has suffered. 20 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 21 make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended 22 complaint be complete in itself without reference to any prior pleading. This is because, as a 23 general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 24 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no 25 longer serves any function in the case. Therefore, in an amended complaint, as in an original 26 complaint, each claim and the involvement of each defendant must be sufficiently alleged. 27 ///// 28 ///// 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 5) is granted. 3 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees 4 || shall be collected and paid in accordance with this court’s order to the Director of the California 5 || Department of Corrections and Rehabilitation filed concurrently herewith. 6 3. Plaintiff's complaint is dismissed. 7 4. Plaintiffis granted thirty days to file an amended complaint that complies with the 8 | requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of 9 || Practice. The amended complaint must bear the docket number assigned this case and must be 10 || labeled “Amended Complaint.” Failure to file an amended complaint in accordance with this 11 | order will result in a recommendation that this action be dismissed. 12 | Dated: September 19, 2024 / aa / a Ly a 13 CAROLYN K DELANEY 14 UNITED STATES MAGISTRATE JUDGE [16] 17 | 1 tayl0403.14