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
- 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.
- 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.
- 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
- Whether the claims against Purtle should be dismissed as duplicative of claims in Coffer v. Purtle, No. 2:25-cv-1302 CKD P.
- Whether an inmate's allegation that a prison official failed to investigate or respond adequately to a grievance states a constitutional claim.
- 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)
No citing cases on record yet.
Court Document
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