The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 TERRENCE BERNARD SHAW, No. 2:25-cv-1217 DAD CKD P
12 Plaintiff,
13 v. ORDER
14 R. CASTEEL, et al.,
15 Defendants.
16
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 Hernandez arising under the Eighth Amendment. Plaintiff has two
8 options: (1) proceed on the claim identified above; or (2) seek leave to file an amended complaint
9 in an attempt to cure deficiencies with respect to other claims.
10 In deciding whether to file an amended complaint, plaintiff should consider the following:
11 1. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link
12 or connection between a defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423
13 U.S. 362 (1976). Furthermore, vague and conclusory allegations of official participation in civil
14 rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
15 There is no vicarious liability in a § 1983 action
16 2. Under the Eighth Amendment, prison officials have a duty to protect prisoners from
17 harmful conditions of confinement. Farmer v. Brennan, 511 U.S. 825, 833 (1994). A prison
18 official may be held liable for subjecting an inmate to harmful conditions of confinement if an
19 injury is sufficiently serious, and that the prison official was deliberately indifferent to the risk of
20 harm. Id. at 834, 837. Thus, the relevant inquiry is whether prison officials, “acting with
21 deliberate indifference, exposed a prisoner to a sufficiently substantial risk of serious damage to
22 his future health.” Id. at 834 (internal quotation omitted). To be deliberately indifferent, the
23 “official must both be aware of facts from which the inference could be drawn that a substantial
24 risk of serious harm exists, and he must also draw the inference.” Id. With respect to defendant
25 Hernandez, plaintiff adequately alleges deliberate indifference by asserting Hernandez provided
26 inmates with information Hernandez should have known created an unreasonable risk of serious
27 harm to plaintiff. Plaintiff does not adequately allege deliberate indifference as to the other
28 defendants.
] Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to
2 | make plaintiff's amended complaint complete. Local Rule 220 requires that an amended
3 || complaint be complete in itself without reference to any prior pleading.
4 In accordance with the above, IT IS HEREBY ORDERED that:
5 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 2) is GRANTED.
6 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
7 || shall be collected and paid in accordance with this court’s order to the Director of the California
8 | Department of Corrections and Rehabilitation filed concurrently herewith.
9 3. Plaintiffis granted 21 days within which to complete and return the attached form
10 | notifying the court whether he wants to (1) proceed on a claim against Hernandez arising under
11 || the Eighth Amendment and voluntarily dismiss all other claims or (2) file an amended complaint
12 || an attempt to cure the deficiencies in his complaint with respect to his other claims. If plaintiff
13 || does not return the form, this action will proceed on the claim described above and the court will
14 || recommend all other claims and defendants be dismissed.
15 | Dated: October 8, 2025 ( ae } ft | / & □ —
17 UNITED STATES MAGISTRATE JUDGE
18
19
20 shaw 1217Loption
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 TERRENCE BERNARD SHAW, No. 2:25-cv-1217 DAD CKD P
12 Plaintiff,
13 v. PLAINTIFF’S NOTICE OF
14 R. CASTEEL, et al., HOW TO PROCEED
15 Defendants.
16
17 Check one:
18
19 _____ Plaintiff wants to proceed immediately on a claim against defendant Hernandez arising
20 under the Eighth Amendment and voluntarily dismiss all other claims; OR
21 _____ Plaintiff wants time to file an amended complaint.
22 DATED:
23 ________________________________
Plaintiff
24
25
26
27
28