The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 JAMES CURTIS KERN, No. 2:24-cv-3204 CKD P
12 Plaintiff,
13 v. ORDER
14 SACRAMENTO COUNTY MAIN JAIL,
15 Defendant.
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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 pursuant to 28 U.S.C. §
19 636(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). 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 If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions
10 complained of have resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v.
11 Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, in his amended complaint, plaintiff must allege in
12 specific terms how each named defendant is involved. There can be no liability under 42 U.S.C.
13 § 1983 unless there is some affirmative link or connection between a defendant’s actions and the
14 claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory
15 allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of
16 Regents, 673 F.2d 266, 268 (9th Cir. 1982).
17 Plaintiff names Sacramento County as a defendant. Plaintiff is informed that
18 municipalities cannot be held vicariously liable under § 1983 for the actions of their employees.
19 Monell v. Dep’t of Social Services, 436 U.S. 585 at 691, 694 (1978). “Instead, it is when
20 execution of a government's policy or custom, whether made by its lawmakers or by those whose
21 edicts or acts may fairly be said to represent official policy, inflicts the injury that the government
22 as an entity is responsible under § 1983.” Id.
23 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to
24 make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended
25 complaint be complete in itself without reference to any prior pleading.
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1 In accordance with the above, IT IS HEREBY ORDERED that:
2 1. Plaintiff's request for leave to proceed in forma pauperis (ECF No. 2) is GRANTED.
3 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
4 || shall be collected and paid in accordance with this court’s order to the Director of the California
5 || Department of Corrections and Rehabilitation filed concurrently herewith.
6 3. Plaintiff's complaint is dismissed.
7 4. Plaintiff is granted thirty days from the date of service of this order to file an amended
8 | complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil
9 || Procedure, and the Local Rules of Practice. The amended complaint must bear the docket
10 || number assigned this case and must be labeled “Amended Complaint.” Failure to file an
11 || amended complaint in accordance with this order will result in a recommendation that this action
12 || be dismissed.
13 || Dated: February 3, 2025 fi 20 } Kt | / , a he
4 CAROLYN K DELANEY
15 UNITED STATES MAGISTRATE JUDGE
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