Opinion

(PC) Brown v. North Kern State Prison

Court
District Court, E.D. California
Filed
Jan 20, 2022
Cited by
0 cases
Authority
More cited than 17.8%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 KENYON D. BROWN, Case No. 1:20-cv-01396-SKO (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

13 v. STATE A FEDERAL CLAIM

14 NORTH KERN STATE PRISON, et al., 21-DAY DEADLINE

15 Defendants. Clerk of the Court to Assign a District Judge

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17 Kenyon D. Brown alleges the defendants unlawfully denied him parole consideration

18 under California Proposition 57 (2016). (Doc. 33.) The Court finds that Plaintiff’s second

19 complaint fails to state a cognizable claim under federal law. Given that Plaintiff has received an

20 opportunity to amend his complaint, and his second amended complaint suffers from the same

21 deficiencies as his prior complaint, the Court finds that further amendment would be futile. See

22 Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). The Court therefore recommends that

23 this action be dismissed.

24 I. SCREENING REQUIREMENT

25 The Court is required to screen complaints brought by prisoners seeking relief against a

26 governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

27 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious,

fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant

1 who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if

2 it lacks a cognizable legal theory or fails to allege sufficient facts to support a cognizable legal

3 theory. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).

4 II. PLEADING REQUIREMENTS

5 A. Federal Rule of Civil Procedure 8(a)

6 “Rule 8(a)’s simplified pleading standard applies to all civil actions, with limited

7 exceptions.” Swierkiewicz v. Sorema N. A., 534 U.S. 506, 513 (2002). A complaint must contain

8 “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R.

9 Civ. Pro. 8(a)(2). “Such a statement must simply give the defendant fair notice of what the

10 plaintiff's claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512 (internal

11 quotation marks and citation omitted).

12 Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a

13 cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556

14 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must

15 set forth “sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its face.’”

16 Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570). Factual allegations are accepted as

17 true, but legal conclusions are not. Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555).

18 The Court construes pleadings of pro se prisoners liberally and affords them the benefit of

19 any doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citation omitted). However, “the

20 liberal pleading standard . . . applies only to a plaintiff’s factual allegations,” not his legal

21 theories. Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). Furthermore, “a liberal interpretation

22 of a civil rights complaint may not supply essential elements of the claim that were not initially

23 pled,” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (internal

24 quotation marks and citation omitted), and courts “are not required to indulge unwarranted

25 inferences,” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation

26 marks and citation omitted). The “sheer possibility that a defendant has acted unlawfully” is not

27 sufficient to state a cognizable claim, and “facts that are merely consistent with a defendant’s

1 B. Linkage and Causation

2 Section 1983 provides a cause of action for the violation of constitutional or other federal

3 rights by persons acting under color of state law. See 42 U.S.C. § 1983. To state a claim under

4 section 1983, a plaintiff must show a causal connection or link between the actions of the

5 defendants and the deprivation alleged to have been suffered by the plaintiff. See Rizzo v. Goode,

6 423 U.S. 362, 373-75 (1976). The Ninth Circuit has held that “[a] person ‘subjects’ another to the

7 deprivation of a constitutional right, within the meaning of section 1983, if he does an affirmative

8 act, participates in another’s affirmative acts, or omits to perform an act which he is legally

9 required to do that causes the deprivation of which complaint is made.” Johnson v. Duffy, 588

10 F.2d 740, 743 (9th Cir. 1978) (citation omitted).

11 III. PLAINTIFF’S ALLEGATIONS

12 Plaintiff alleges regulations of the California Department of Corrections and

13 Rehabilitation (CDCR) improperly exclude inmates with violent felony offenses from early-

14 parole consideration under California Proposition 57 (2016). (Doc. 33 at 2-5.) He alleges the

15 exclusion violates California Constitution article I, section 32(a)(1). (Id.)

16 IV. DISCUSSION

17 A. Due Process

18 The Fourteenth Amendment protects persons from deprivations of life, liberty, or property

19 without due process of law. U.S. Const. amend. XIV. Protected liberty interests may arise both

20 from the Constitution itself or from state law. Wilkinson v. Austin, 545 U.S. 209, 221 (2005)

21 (citations omitted). “A state may create a liberty interest through statutes, prison regulations, and

22 policies.” Chappell v. Mandeville, 706 F.3d 1052, 1063 (9th Cir. 2013) (citation omitted).

23 When a protected liberty interest is implicated, the Due Process Clause provides certain

24 procedural guarantees before the state may interfere with that interest. See Bd. of Regents of State

25 Colleges v. Roth, 408 U.S. 564, 569-70 (1972). The amount of process or specific procedures

26 required vary by context and the particular interest at stake. See Mathews v. Eldridge, 424 U.S.

27 319, 335 (1976).

1 “[T]he Ninth Circuit [has] held that California law creates a liberty interest in parole.”

2 Swarthout v. Cooke, 562 U.S. 216, 219 (2011) (citing Cooke v. Solis, 606 F.3d 1206, 1213 (9th

3 Cir. 2010)). “The procedures required” for parole determinations, however, “are minimal.” Id. at

4 220. To satisfy the Due Process Clause, a prisoner facing a parole determination must be

5 “allowed an opportunity to be heard;” and, if parole is denied, he must be “provided a statement

6 of the reasons” for the denial. Id. “The Constitution . . . does not require more.” Id. (internal

7 quotation marks and citation omitted).

8 Plaintiff fails to state a cognizable due process claim. He alleges CDCR’s implementing

9 regulations for Proposition 57 (2016) violate California Constitution article I, section 32(a)(1).

10 (See Doc. 33 at 3-5.) However, “section 32 does not create a constitutionally-protected liberty

11 interest.” Jones v. Diaz, No. 4:19-cv-07814-JSW, 2020 WL 10816217, at *6 (N.D. Cal. 2020);

12 see also Herrera v. California State Superior Cts., No. 1:17-cv-386-AWI-BAM, 2018 WL

13 400320, at *4 (E.D. Cal. 2018). In other words, Plaintiff’s claim that CDCR regulations

14 unlawfully exclude him from parole consideration under Proposition 57 is a matter of state law; it

15 does not implicate the Fourteenth Amendment or other federal law. See id.; Williams v. California

16 Dep’t of Corr., No. 1:19-cv-00250-LJO-GSA, 2019 WL 6918206, at *5 (E.D. Cal. 2019);

17 Rodriguez v. Anderson, No. 5:18-cv-1181-AGA-GR, 2019 WL 6194993, at *5 (C.D. Cal. 2019).

18 B. Supplement Jurisdiction

19 “[I]n any civil action of which the district courts have original jurisdiction, the district

20 courts shall have supplemental jurisdiction over all other claims that are so related to claims in the

21 action within such original jurisdiction that they form part of the same case or controversy.” 28

22 U.S.C. § 1367(a). However, courts “may decline to exercise supplemental jurisdiction over a

23 claim” if it “has dismissed all claims over which it has original jurisdiction.” Id. § 1367(c)(3).

24 As described above, Plaintiff alleges the implementing regulations for Proposition 57

25 violate the California Constitution. (See Doc. 33 at 3-5.) Because Plaintiff fails to state a

26 cognizable claim under federal law, the Court declines to exercise supplemental jurisdiction over

27 his state-law claims.

1 V. CONCLUSION, RECOMMENDATION, AND ORDER

2 For the reasons set forth above, Plaintiff’s second amended complaint (Doc. 33) fails to

3 state a cognizable claim under federal law. Given that Plaintiff has received an opportunity to

4 amend his complaint and his second amended complaint suffers from the same deficiencies as his

5 prior complaint, the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698

6 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court RECOMMENDS that this action be

7 dismissed. The Court DIRECTS the Clerk of the Court to assign a district judge to this action.

8 These Findings and Recommendations will be submitted to the United States District

9 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 21 days of the date of

10 service of these Findings and Recommendations, Plaintiff may file written objections with the

11 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and

12 Recommendations.” Plaintiff’s failure to file objections within the specified time may result in

13 waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing

14 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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17 Dated: January 20, 2022 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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