Mitchell v. St. Andre

Summary

The United States District Court for the Eastern District of California recommends dismissing Corey Mitchell’s third amended 42 U.S.C. § 1983 complaint alleging a Fourteenth Amendment due process violation arising from a prison disciplinary proceeding. The court concludes that Mitchell failed to identify an actionable injury because his allegations did not show that the disciplinary proceeding, rather than his admitted conduct, caused the denial of parole. The court also recommends closing the case and denies leave to amend further.

Holdings

1. A prisoner complaint must be dismissed if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from an immune defendant.
2. The third amended complaint failed to state a claim because it did not reasonably suggest that plaintiff was denied parole because of the disciplinary proceedings or that the California Board of Parole Hearings violated California law by failing to consider all relevant information.

Questions Presented

1. Whether the third amended complaint stated a Fourteenth Amendment due process claim under 42 U.S.C. § 1983 based on prison disciplinary proceedings and the resulting denial of parole.
2. Whether the alleged parole denial constituted an actionable injury where the California Board of Parole Hearings considered plaintiff’s conduct but the complaint did not show that the disciplinary proceeding itself caused the denial.

Disposition

other