Summary
The United States District Court for the Southern District of California grants Jesse M. Ventura leave to proceed in forma pauperis but declines to assess an initial partial filing fee due to insufficient funds. The court dismisses his complaint without prejudice for failure to state a federal claim, declines supplemental jurisdiction over his state-law claims, and grants 45 days to amend.
Holdings
- The court granted Ventura leave to proceed in forma pauperis and declined to assess the initial partial filing fee because his available funds were insufficient, while preserving his obligation to pay the remaining filing fee through installments.
- The complaint failed to plausibly allege deliberate indifference because negligence in operating the motorized cart, without facts showing that Roberts knew of and disregarded a substantial risk of serious harm, is insufficient to state an Eighth Amendment claim.
- The complaint failed to state a § 1983 claim against Guzman because it did not allege his personal involvement or a sufficient causal connection, and it failed to state a claim against CDCR because CDCR is not a person for purposes of § 1983 and is immune from the asserted private damages and injunctive-relief claims.
- The court declined to exercise supplemental jurisdiction over Ventura's state-law claims because all claims within the court's original jurisdiction had been dismissed.
- The court dismissed the complaint without prejudice and granted Ventura forty-five days to file an amended complaint curing the identified deficiencies.
Questions Presented
- Whether Ventura should be granted leave to proceed in forma pauperis despite insufficient funds to pay the initial partial filing fee.
- Whether the complaint plausibly stated an Eighth Amendment deliberate-indifference claim under 42 U.S.C. § 1983.
- Whether CDCR and Warden Guzman could be held liable under § 1983 based on the alleged conduct of Roberts.
- Whether the court should exercise supplemental jurisdiction over Ventura's state-law claims after dismissing all federal claims.
- Whether Ventura should receive leave to amend.
Disposition
other
Cases Cited (29)
- Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007)(followed)
- Andrews v. King, 398 F.3d 1113, 1119 (9th Cir. 2005)(followed)
- Bruce v. Samuels, 577 U.S. 82, 84 (2016)(followed)
- Taylor v. Delatoore, 281 F.3d 844, 850 (9th Cir. 2002)(followed)
- Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc)(followed)
- Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010)(followed)
- Nordstrom v. Ryan, 762 F.3d 903, 920 n.1 (9th Cir. 2014)(followed)
- Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012)(followed)
- Wilhelm v. Rotman, 680 F.3d 1113, 1121, 1123 (9th Cir. 2012)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
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Court Document
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