(PC) Hill v. El Dorado County Sheriff

• Court: District Court, E.D. California
• Decided: March 27, 2025
• Docket: 2:24-cv-02752
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ALAN DEAN HILL, No. 2:24-cv-2752 CKD P 12 Plaintiff, 13 v. ORDER 14 EL DORADO COUNTY SHERIFF, et al., 15 Defendants. 16 17 Plaintiff is an El Dorado County Jail prisoner proceeding pro se and seeking relief 18 pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 19 pursuant to 28 U.S.C. § 636(b)(1). On December 20, 2024, the court screened plaintiff’s 20 complaint as the court is required to do under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was 21 dismissed with leave to amend. Plaintiff has now filed an amended complaint. 22 The amended complaint violates joinder rules. Under Rule 20 of the Federal Rules of 23 Civil Procedure, plaintiff cannot bring unrelated claims against different defendants. Simply put, 24 plaintiff cannot join claims against defendant B that are not sufficiently connected to those 25 brought against defendant A. Vague allegations concerning conspiracy do not satisfy court rules 26 regarding joinder of claims. 27 Unrelated claims against different defendants must be pursued in separate lawsuits. See 28 George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). This rule is intended “not only to prevent the 1 sort of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that 2 prisoners pay the required filing fees—for the Prison Litigation Reform Act limits to 3 the 3 number of frivolous suits or appeals that any prisoner may file without prepayment of the 4 required fees. 28 U.S.C. § 1915(g).” Id. 5 For these reasons, plaintiff’s amended complaint will be dismissed with leave to file a 6 second amended complaint. Plaintiff’s second amended complaint must comply with applicable 7 joinder rules and must not exceed 20 pages. In addition, plaintiff is provided the following 8 guidance with respect to the contents of his second amended complaint: 9 1. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link 10 or connection between a defendant’s actions and a claimed deprivation. Rizzo v. Goode, 423 11 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil 12 rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). 13 2. In order to avoid dismissal for failure to state a claim a complaint must contain more 14 than “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a 15 cause of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other 16 words, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory 17 statements do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Furthermore, a claim 18 upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A 19 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw 20 the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. 21 at 678. Essentially, in order to state a claim for a violation of federal law, plaintiff must point to 22 facts suggesting a defendant caused plaintiff to suffer injury as the result of the denial of some 23 federal right. 24 3. Prison officials generally cannot retaliate against inmates for exercising First 25 Amendment rights. Rizzo v. Dawson, 778 F.2d 527, 531 (9th Cir. 1985). Because a prisoner’s 26 First Amendment rights are necessarily curtailed, however, a successful retaliation claim requires 27 a finding that “the prison authorities’ retaliatory action did not advance legitimate goals of the 28 correctional institution or was not tailored narrowly enough to achieve such goals.” Id. at 532. 1 | The plaintiff bears the burden of pleading and proving the absence of legitimate correctional 2 | goals for the conduct of which he complains. Pratt v. Rowland, 65 F.3d 802, 806 (9th Cir. 1995). 3 Also, in order to state a claim for retaliation, plaintiff must point to facts indicating a 4 | causal connection between the adverse action and the protected conduct. Watison v. Carter, 668 5 | F.3d 1108, 1114 (9th Cir. 2012). 6 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 7 || make plaintiff's amended complaint complete. Local Rule 220 requires that an amended 8 | complaint be complete in itself without reference to any prior pleading. 9 In accordance with the above, IT IS HEREBY ORDERED that: 10 1. Plaintiff's amended complaint (ECF No. 17) is dismissed. 11 2. Plaintiff □□ granted thirty days from the date of service of this order to file a second 12 || amended complaint that complies with the requirements of this order, the Civil Rights Act, the 13 || Federal Rules of Civil Procedure, and the Local Rules of Practice. The second amended 14 | complaint must bear the docket number assigned this case and must be labeled “Second Amended 15 || Complaint.” Failure to file a second amended complaint in accordance with this order will result 16 || in arecommendation that this action be dismissed. 17 | Dated: March 27, 2025 / ae □□ / a Ly a 18 CAROLYN K DELANEY 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 | 53 hill2752,join 24 25 26 27 28