The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 MAURICE DI AUNDRA ROGERS, No. 2:22-cv-0403 CKD P
12 Plaintiff,
13 v. ORDER
14 GISELLE MATTESON, 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. On April 11, 2022, the court screened plaintiff’s complaint as the court is required to do
19 under 28 U.S.C. § 1915A. The court dismissed plaintiff’s complaint with leave to file an
20 amended complaint. Plaintiff has filed an amended complaint which the court now screens.
21 The court must dismiss a complaint or portion thereof if the prisoner has raised claims that
22 are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or
23 that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §
24 1915A(b)(1),(2).
25 Having conducted the required screening, the court finds that plaintiff may proceed on a
26 claim arising under the First Amendment against defendant Ray Smith as detailed in claim I of
27 plaintiff’s amended complaint. In all other respects, the amended complaint does not state
28 actionable claims. At this point, plaintiff has two options: 1) proceed on the claim identified
1 | above; or 2) attempt to cure the deficiencies in plaintiff's amended complaint in a second
2 || amended complaint. In considering whether to amend a second time, the court advises plaintiff as
3 || follows:
4 1. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link
5 || or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423
6 || U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil
7 || rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
8 2. In general, plaintiff's allegations should not be vague or conclusory. Plaintiff must
9 || point to specific acts in order to establish an actionable claim.
10 3. Prisoner legal mail related to civil actions is not entitled to Sixth Amendment
11 || protection. Turner v. Rogers, 564 U.S. 431, 441 (2011).
12 In accordance with the above, IT IS HEREBY ORDERED that plaintiff is granted 21 days
13 || within which to complete and return the attached form notifying the court whether he wants to
14 || proceed on a claim arising under the First Amendment against defendant Ray Smith or whether
15 || he wishes to file a second amended complaint in an attempt to cure the deficiencies in his
16 || amended complaint. If plaintiff does not return the form, this action will proceed on the claim
17 || described above.
18 | Dated: October 12, 2022 □□ / del a
19 CAROLYNK. DELANEY
20 UNITED STATES MAGISTRATE JUDGE
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MAURICE DI AUNDRA ROGERS, No. 2:22-cv-0403 CKD P
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Plaintiff,
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v. PLAINTIFF’S NOTICE OF
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GISELLE MATTESON, et al., HOW TO PROCEED
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Defendants.
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17 Check one:
18 _____ Plaintiff wants to proceed immediately on a claim arising under the First Amendment
19 against defendant Ray Smith; or
20 _____ Plaintiff wants time to file an second amended complaint.
21 DATED:
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26 Plaintiff’s Signature
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