(PC) Nichols v. Plumas County Correctional Facility, No. 2:2015cv01299 - Document 10 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/3/2015 RECOMMENDING that this action be dismissed with prejudice for failure to state a claim. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD EDMUND NICHOLS, 12 13 14 15 16 No. 2:15-cv-1299 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PLUMAS COUNTY CORRECTIONAL FACILITY, Defendant. 17 Plaintiff is a county jail inmate, proceeding pro se and in forma pauperis, who seeks relief 18 pursuant to 42 U.S.C. § 1983. On July 10, 2015, plaintiff’s original complaint was dismissed for 19 failure to state a claim, and plaintiff was granted leave to file an amended complaint. (ECF No. 20 7.) Plaintiff’s amended complaint is now before the court for screening. (ECF No. 9.) 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 Having reviewed the amended complaint, the undersigned concludes that it, too, fails to 27 state a claim. Plaintiff asserts that he was denied access to courts and attaches a complaint filed 28 in the Plumas Superior Court in 2013. However, plaintiff does not plead the elements of an 1 1 access-to-courts claim or name a proper defendant. See Lewis v. Casey, 518 U.S. 343, 349-50, 2 353 (1996) (prisoner alleging a violation of his right of access to the courts must demonstrate that 3 he has suffered “actual injury,” i.e., “demonstrate that a nonfrivolous legal claim had been 4 frustrated or was being impeded.”) Because it appears that another round of amendment would 5 be futile, the undersigned will recommend dismissal of this action. 6 7 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed with prejudice for failure to state a claim. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, plaintiff may file written objections 11 with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings 12 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 13 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 14 (9th Cir. 1991). 15 Dated: September 3, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 2 / nich1299.fac_fr 23 24 25 26 27 28 2
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