Wherry v. Lynch

Summary

The United States District Court for the Eastern District of California grants Gregory Wherry leave to proceed in forma pauperis but dismisses his 42 U.S.C. § 1983 complaint for failure to state a claim. The court identifies vague allegations, insufficient connections between defendants and alleged constitutional deprivations, and improper joinder concerns. Plaintiff is granted thirty days to file a complete amended complaint, with failure to do so potentially resulting in a recommendation of dismissal.

Holdings

1. Plaintiff's request to proceed in forma pauperis was granted because his declaration made the showing required by 28 U.S.C. § 1915(a).
2. The complaint failed to state a claim upon which relief could be granted and was dismissed, with leave to amend.
3. A § 1983 complaint must allege specific facts showing an affirmative link or connection between each defendant's actions and the claimed constitutional deprivation; vague and conclusory allegations of official participation are insufficient.
4. Under Federal Rule of Civil Procedure 20, plaintiff may not bring unrelated claims against different defendants in the same action.
5. An amended complaint must be complete in itself and may not rely on or incorporate the prior pleading by reference.

Questions Presented

1. Whether the prisoner complaint stated a claim for relief under 42 U.S.C. § 1983 sufficient to survive screening under 28 U.S.C. § 1915A.
2. Whether plaintiff's vague allegations adequately identified each defendant's involvement in an alleged constitutional deprivation.
3. Whether the complaint complied with Federal Rule of Civil Procedure 20's limitations on joining unrelated claims against different defendants.
4. Whether plaintiff was entitled to proceed in forma pauperis.

Disposition

dismissed