The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 CIRON B. SPRINGFIELD, No. 2:22-cv-0328 CKD P
12 Plaintiff,
13 v. ORDER
14 P. HUDSON, et al.,
15 Defendants.
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17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §
18 1983 against employees of the California Department of Corrections and Rehabilitation. This
19 proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
20 Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a
21 declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.
22 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§
23 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the
24 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.
25 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding
26 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by
27 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account
28 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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).
3 The court has reviewed plaintiff’s complaint and finds that, among other things, the complaint is
4 not “short and plain” as required under Rule 8 of the Federal Rules of Civil Procedure. Plaintiff’s
5 complaint is 43 pages long, is vague at times, and contains too much background information not
6 relevant to stating a claim upon which plaintiff might proceed. For these reasons, and others,
7 plaintiff cannot proceed on the original complaint. Plaintiff will be given leave to amend his
8 compliant. If plaintiff choses to amend, the amended complaint cannot exceed 20 pages, plaintiff
9 must be careful to write clearly and omit any unnecessary background information or other
10 information not relevant to stating a claim upon which plaintiff might proceed.
11 If plaintiff chooses to amend, plaintiff is informed that in order to avoid dismissal for
12 failure to state a claim a complaint must contain more than “naked assertions,” “labels and
13 conclusions” or “a formulaic recitation of the elements of a cause of action.” Bell Atlantic Corp.
14 v. Twombly, 550 U.S. 544, 555-557 (2007).
15 Plaintiff complains about the denial of medial care. Denial of medical care can violate the
16 Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976). A violation occurs when a
17 prison official causes injury as a result of his or her deliberate indifference to a prisoner’s serious
18 medical needs. Id. A showing of merely negligent medical care is not enough to establish a
19 constitutional violation. Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429
20 U.S. at 105-106. A difference of opinion about the proper course of treatment is not deliberate
21 indifference, nor does a dispute between a prisoner and prison officials over the necessity for or
22 extent of medical treatment amount to a constitutional violation. See, e.g., Toguchi v. Chung,
23 391 F.3d 1051, 1058 (9th Cir. 2004); Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989).
24 Furthermore, mere delay of medical treatment, “without more, is insufficient to state a claim of
25 deliberate medical indifference.” Shapley v. Nev. Bd. of State Prison Comm’rs, 766 F.2d 404,
26 407 (9th Cir. 1985).
27 Plaintiff asserts he has been retaliated against. Plaintiff is informed that prison officials
28 generally cannot retaliate against inmates for exercising First Amendment rights. Rizzo v.
1 Dawson, 778 F.2d 527, 531 (9th Cir. 1985). In order to state a claim for retaliation, plaintiff must
2 point to facts indicating a causal connection between the adverse action and the protected
3 conduct. Watison v. Carter, 668 F.3d 1108, 1114 (9th Cir. 2012).
4 In his amended complaint, plaintiff must demonstrate how the conditions complained of
5 have resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v. Cassidy, 625 F.2d
6 227 (9th Cir. 1980). Plaintiff must allege in specific terms how each named defendant is
7 involved. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link
8 or connection between a defendant’s actions and the claimed injury. Rizzo v. Goode, 423 U.S.
9 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil rights
10 violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
11 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to
12 make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended
13 complaint be complete in itself without reference to any prior pleading. This is because, as a
14 general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375
15 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no
16 longer serves any function in the case. Therefore, in an amended complaint, as in an original
17 complaint, each claim and the involvement of each defendant must be sufficiently alleged.
18 In accordance with the above, IT IS HEREBY ORDERED that:
19 1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 3) is granted.
20 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
21 shall be collected and paid in accordance with this court’s order to the Director of the California
22 Department of Corrections and Rehabilitation filed concurrently herewith.
23 3. Plaintiff’s complaint is dismissed.
24 4. Plaintiff is granted thirty days from the date of service of this order to file an amended
25 complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil
26 Procedure, and the Local Rules of Practice. The amended complaint must not exceed 20 pages,
27 /////
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] must bear the docket number assigned this case and must be labeled “Amended Complaint.”
2 || Failure to file an amended complaint in accordance with this order will result in a
3 || recommendation that this action be dismissed.
4 | Dated: March 16, 2022 Card ke Lg a
5 CAROLYN K DELANEY?
6 UNITED STATES MAGISTRATE JUDGE
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