Summary
The document is a magistrate judge’s order directing random assignment of a district judge and findings and recommendation in a prisoner civil-rights action. It recommends dismissal without leave to amend because the plaintiff failed to state a cognizable claim concerning deductions from his prison trust account and handling of related grievances.
Holdings
- Plaintiff could not state a § 1983 procedural due process claim for the alleged unauthorized deductions because California provides an adequate post-deprivation remedy for the loss of property.
- Allegations that prison officials denied, screened out, ignored, or inadequately responded to grievances, without more, did not state a claim under § 1983.
- Dismissal without leave to amend was recommended because plaintiff could not state a claim as a matter of law and amendment would be futile.
Questions Presented
- Whether plaintiff stated a procedural due process claim under § 1983 based on deductions from his prison trust account for filing, postage, and mailing fees.
- Whether the handling, denial, or screening of plaintiff's prison grievances stated a constitutional claim under § 1983.
- Whether dismissal without leave to amend was appropriate because amendment would be futile.
Disposition
other
Cases Cited (26)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
- Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002)(followed)
- Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012)(followed)
- Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009)(followed)
- Shinault v. Hawks, 782 F.3d 1053, 1057 (9th Cir. 2015) (as amended)(followed)
- Quick v. Jones, 754 F.2d 1521, 1523 (9th Cir. 1985)(followed)
- Hudson v. Palmer, 468 U.S. 517, 533 (1984)(followed)
- Zinermon v. Burch, 494 U.S. 113, 129-32 (1990)(followed)
- King v. Massarweh, 782 F.2d 825, 826 (9th Cir. 1986)(followed)
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Cited In (0)
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