Coffer v. Mosely

No. 2:25-cv-1358 CSK P (E.D. Cal. July 23, 2025) · United States District Court for the Eastern District of California · July 23, 2025 · No. 2:25-cv-1358 CSK P

Summary

The court recommends dismissal of Jonathan Christopher Coffer’s prisoner civil rights action under 42 U.S.C. § 1983. The claims against one defendant were duplicative of claims in another action, while the claim against the other defendant based on failure to investigate a grievance did not state a constitutional claim; the court also denied two motions and directed assignment of a district judge.

Holdings

  1. An inmate cannot state a colorable due-process claim merely by alleging that prison officials inadequately investigated, responded to, or handled an inmate grievance because inmates have no constitutional right to an effective grievance or appeal procedure.
  2. The claims against Purtle in this action should be dismissed as duplicative of substantially identical claims asserted in Coffer v. Purtle, No. 2:25-cv-1302 CKD P.
  3. The action should be dismissed under 28 U.S.C. § 1915A because the claims were duplicative or failed to state a claim upon which relief may be granted.

Questions Presented

  1. Whether the claims against Purtle should be dismissed as duplicative of claims in Coffer v. Purtle, No. 2:25-cv-1302 CKD P.
  2. Whether an inmate's allegation that a prison official failed to investigate or respond adequately to a grievance states a constitutional claim.
  3. Whether plaintiff's motion to file by mail was moot and whether his emergency request for subpoenas should be denied in light of the recommended dismissal.

Disposition

other

Cases Cited (20)

  • Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)(followed)
  • Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984)(followed)
  • Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989)(limited by later statute)
  • Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000)(cited)
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
  • Conley v. Gibson, 355 U.S. 41, 47 (1957)(cited)
  • Erickson v. Pardus, 551 U.S. 89, 93 (2007)(followed)
  • Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)(cited)
  • Davis v. Scherer, 468 U.S. 183 (1984)(overruled_authority)
  • Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003)(followed)

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Cited In (0)

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