Taylor v. Gordan

Summary

The United States District Court for the Eastern District of California screens a state prisoner’s amended 42 U.S.C. § 1983 complaint concerning opened legal mail, threatened disciplinary proceedings, and confiscated food. Magistrate Judge Carolyn K. Delaney recommends dismissal for failure to state a claim and closure of the case, finding that a further opportunity to amend would be futile.

Holdings

1. The amended complaint failed to state a claim upon which relief could be granted and should be dismissed under the prisoner-screening statute.
2. The allegations did not approach a violation of the Eighth Amendment because the alleged de minimis harms were not constitutionally actionable.

Questions Presented

1. Whether the amended prisoner complaint stated a cognizable claim under 42 U.S.C. § 1983.
2. Whether the allegations concerning prison conditions and conduct by prison officials stated an Eighth Amendment claim.
3. Whether plaintiff should be granted another opportunity to amend after the original complaint had already been dismissed with leave to amend.

Disposition

other