(PC) Kiner v. Guzman

• Court: District Court, E.D. California
• Decided: February 26, 2025
• Docket: 2:24-cv-02709
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS MICHAEL KINER, No. 2:24-cv-2709 CKD P 12 Plaintiff, 13 v. ORDER 14 F. GUZMAN, 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. 19 Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a 20 declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted. 21 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 22 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the 23 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court. 24 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding 25 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by 26 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account 27 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 ///// 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’s complaint alleges that he was misadvised about a federal detainer filed against 10 him, but does not plead any violation of federal law. Therefore, the court does not have 11 jurisdiction. See 28 U.S.C. § 1390 et seq. If plaintiff chooses to amend the complaint, plaintiff 12 must demonstrate how the conditions complained of have resulted in a deprivation of plaintiff’s 13 federal rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, in his amended 14 complaint, plaintiff must allege in specific terms how each named defendant is involved. There 15 can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection 16 between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362 17 (1976). Furthermore, vague and conclusory allegations of official participation in civil rights 18 violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). 19 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to 20 make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended 21 complaint be complete in itself without reference to any prior pleading. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 2) is GRANTED. 24 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees 25 shall be collected and paid in accordance with this court’s order to the Director of the California 26 Department of Corrections and Rehabilitation filed concurrently herewith. 27 3. Plaintiff’s complaint is dismissed. 28 4. Plaintiff is granted thirty days from the date of service of this order to file an amended 1 | complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 2 || Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 3 || number assigned this case and must be labeled “Amended Complaint.” Failure to file an 4 || amended complaint in accordance with this order will result in a recommendation that this action 5 || be dismissed. 6 | Dated: February 26, 2025 / a8 } i | / p , {a ce 7 CAROLYNK. DELANEY 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 | kine2709.14 15 16 17 18 19 20 21 22 23 24 25 26 27 28