Charles Trent Kleinschmidt v. California Department of Corrections and Rehabilitation

CourtDistrict Court, E.D. California
DecidedOctober 15, 2025
Docket2:25-cv-01272
StatusUnknown

This text of Charles Trent Kleinschmidt v. California Department of Corrections and Rehabilitation (Charles Trent Kleinschmidt v. California Department of Corrections and Rehabilitation) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Trent Kleinschmidt v. California Department of Corrections and Rehabilitation, (E.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES TRENT KLEINSCHMIDT, No. 2:25-cv-1272 DC AC P 12 Plaintiff, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, 16 Defendant. 17 18 Plaintiff is a state inmate who filed this civil rights action pursuant to 42 U.S.C. § 1983 19 without a lawyer. He has requested leave to proceed without paying the full filing fee for this 20 action, under 28 U.S.C. § 1915. ECF No. 2. Plaintiff has submitted a declaration showing that he 21 cannot afford to pay the entire filing fee. See 28 U.S.C. § 1915(a)(2). Id. Accordingly, 22 plaintiff’s motion to proceed in forma pauperis is granted.1 23 //// 24 1 This means that plaintiff is allowed to pay the $350.00 filing fee in monthly installments that 25 are taken from the inmate’s trust account rather than in one lump sum. 28 U.S.C. §§ 1914(a). As 26 part of this order, the prison is required to remove an initial partial filing fee from plaintiff’s trust account. See 28 U.S.C. § 1915(b)(1). A separate order directed to the appropriate agency 27 requires monthly payments of twenty percent of the prior month’s income to be taken from plaintiff’s trust account. These payments will be taken until the $350 filing fee is paid in full. 28 See 28 U.S.C. § 1915(b)(2). 1 I. Venue 2 On May 20, 2025, the court informed plaintiff that although it appeared venue was proper 3 in the Sacramento Division of the U.S. District Court for the Eastern District of California, the 4 court may sua sponte transfer the case to the Fresno Division of the court because CDCR is not a 5 proper defendant in a § 1983 case and because the remaining alleged unlawful conduct appears to 6 have occurred in Fresno County. ECF No. 9 at 2-3. Before doing so, the court gave plaintiff an 7 opportunity to show cause in writing why this case should not be transferred to the Fresno 8 Division. Id. at 3. 9 Plaintiff responded to clarify that he seeks to hold responsible “CDCR higher ups 10 employed in Sacramento,” as well as CDCR staff at Pleasant Valley State Prison (“PVSP”). ECF 11 No. 12 at 1-2. Because, as discussed below, plaintiff is being granted leave to amend the 12 complaint, the court will not order transfer of the case at this time. However, if upon amendment 13 it becomes clear transfer would be appropriate, the court may do so at that time. 14 II. Statutory Screening of Prisoner Complaints 15 A. Legal Standards 16 The court is required to screen complaints brought by prisoners seeking relief against “a 17 governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). A 18 claim “is [legally] frivolous where it lacks an arguable basis either in law or in fact.” Neitzke v. 19 Williams, 490 U.S. 319, 325 (1989). The court may dismiss a claim as frivolous if it is based on 20 an indisputably meritless legal theory or factual contentions that are baseless. Id., 490 U.S. at 21 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an 22 arguable legal and factual basis. Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989), 23 superseded by statute on other grounds as stated in Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 24 2000). 25 In order to avoid dismissal for failure to state a claim a complaint must contain more than 26 “naked assertion[s],” “labels and conclusions,” or “a formulaic recitation of the elements of a 27 cause of action.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 557 (2007). In other words, 28 “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory 1 statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim upon which the 2 court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A claim has facial 3 plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable 4 inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citation 5 omitted). When considering whether a complaint states a claim, the court must accept the 6 allegations as true, Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam), and construe the 7 complaint in the light most favorable to the plaintiff, Jenkins v. McKeithen, 395 U.S. 411, 421 8 (1969) (citations omitted). 9 B. Factual Allegations of the Complaint 10 Plaintiff’s complaint alleges that defendant California Department of Corrections and 11 Rehabilitation (“CDCR”) violated his Eighth Amendment right when, after he was reincarcerated, 12 CDCR forced him onto a general population (“GP”) level III prison yard at Pleasant Valley State 13 Prison (“PVSP”), despite knowing he was designated as a Sensitive Needs Yard (“SNY”) inmate 14 during his prior incarceration and is a PC 290 registrant that cannot safely be housed in GP. ECF 15 No. 1 at 1-3, 7-8, 16. Plaintiff alleges that CDCR knew it was not safe to place him in GP 16 because in 2015 inmates violently removed plaintiff from the same GP yard at PVSP, and 17 because CDCR knows SNY inmates are immediately attacked and violently removed by GP 18 inmates when they are placed in GP. Id. at 7-8, 16. Additionally, upon reincarceration, when 19 plaintiff was placed in GP, he told the R&R officer, the SNE, every single guard on C-Yard, the 20 escorting officer, sergeant G. Clark, another sergeant, and lieutenant Childres that he is SNY and 21 that he was in direct danger. Id. at 9-11, 17-19. They “admitted they all knew what was going to 22 happen,” but there was a new policy from Sacramento that prevented them from doing anything 23 about it. Id. at 10-11, 17-18. Sergeant G. Clark told plaintiff he did not have a choice in the 24 matter, ordered him to comply with his GP housing assignment, and told him that the “higher 25 ups” in Sacramento had changed the policy and that there was nothing anyone could do about it. 26 Id. at 9-10, 17. 27 Due to CDCR’s actions, plaintiff was stabbed approximately fifteen times by other 28 inmates in the dining hall, almost died, and is permanently disabled. Id. at 3, 10-13, 15, 18-20. 1 During the incident, the guards pepper sprayed him and booked him under a false name at the 2 hospital and intervened with his ability to access the courts until now. Id. at 12, 14, 18-19. 3 Plaintiff claims the acts alleged were negligent and beyond negligent, that he should have 4 been airlifted to the hospital rather than transported in an ambulance, and that the court should 5 view this activity as “conspired gang activity involving the guards and inmates combined.” Id. at 6 11-12, 14-19. He further alleges that he was kept in the “hole for 3 months after the hospital” 7 because there was nowhere else he could recover. Id. at 20. While in the “hole,” he was 8 restricted to disciplinary canteen and tablet status, despite being assigned to the “hole” for non- 9 disciplinary reasons. Id. at 20.

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Charles Trent Kleinschmidt v. California Department of Corrections and Rehabilitation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-trent-kleinschmidt-v-california-department-of-corrections-and-caed-2025.