The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 RAYMOND ALBERT RODRIGUEZ, No. 2:25-cv-1141 CKD P
12 Plaintiff,
13 v. ORDER
14 STATE OF CALIFORNIA, 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. 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 plaintiff may proceed on a
7 claim against defendant Ho arising under the Fourteenth Amendment for Ho being at least
8 deliberately indifferent to plaintiff’s exposure to unsanitary conditions of confinement. Plaintiff
9 has two options: (1) proceed on that claim; or (2) seek leave to file an amended complaint in an
10 attempt to cure deficiencies with respect to other claims.
11 In deciding whether to amend, plaintiff is informed as follows:
12 1. The State of California is not an appropriate defendant in this action because, among
13 other things, the events described took place in the Sacramento County Jail.
14 2. Plaintiff names Sacramento County as a defendant. Municipalities cannot be held
15 vicariously liable under § 1983 for the actions of their employees. Monell v. Dep’t of Social
16 Services, 436 U.S. 585 at 691, 694 (1978). “Instead, it is when execution of a government's
17 policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be
18 said to represent official policy, inflicts the injury that the government as an entity is responsible
19 under § 1983.” Id. at 694.
20 3. Title II of the Americans with Disabilities Act (ADA) “prohibit[s] discrimination on
21 the basis of disability.” Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002). “To establish a
22 violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified individual with a
23 disability; (2) [he] was excluded from participation in or otherwise discriminated against with
24 regard to a public entity’s services, programs, or activities; and (3) such exclusion or
25 discrimination was by reason of [his] disability.” Lovell, 303 F.3d at 1052. Plaintiff asserts a
26 violation of the ADA but does not show exclusion or discrimination because of a disability.
27 4. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link
28 or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423
1 || U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil
2 || rights violations against supervisors simply because they are in charge are not sufficient. Ivey v.
3 || Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). There is no vicarious liability in a § 1983
4 || action.
5 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to
6 || make plaintiff's amended complaint complete. Local Rule 220 requires that an amended
7 || complaint be complete in itself without reference to any prior pleading.
8 In accordance with the above, IT IS HEREBY ORDERED that:
9 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 2) is GRANTED.
10 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
11 | shall be collected and paid in accordance with this court’s order to the Director of the California
12 || Department of Corrections and Rehabilitation filed concurrently herewith.
13 3. Plaintiffis granted 21 days within which to complete and return the attached form
14 | notifying the court whether he wants to proceed on a claim against defendant Ho arising under the
15 || Fourteenth Amendment for Ho being at least deliberately indifferent to plaintiff's exposure to
16 || unsanitary conditions of confinement and voluntarily dismiss all other claims or (2) file an
17 || amended complaint in an attempt to cure the deficiencies in his complaint with respect to his
18 | other claims. If plaintiff does not return the form, this action will proceed on the claims described
19 || above and the court will recommend all other claims and defendants be dismissed.
20 | Dated: September 3, 2025 ( a8 } Kt | / } a a
22 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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9 RAYMOND ALBERT RODRIGUEZ, No. 2:25-cv-1141 CKD P
10 Plaintiff,
11 v. PLAINTIFF’S NOTICE OF
12 STATE OF CALIFORNIA, et al., HOW TO PROCEED
13 Defendants.
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Check one:
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_____ Plaintiff wants to proceed on a claim against defendant Ho arising under the Fourteenth
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Amendment for Ho being at least deliberately indifferent to plaintiff’s exposure to unsanitary
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conditions of confinement; OR
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_____ Plaintiff wants time to file an amended complaint.
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DATED:
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21 ________________________________
Plaintiff
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