KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated to make monthly payments of twenty percent of the preceding month's income credited to plaintiff's trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only `a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to `give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'"
Plaintiff's complaint raises three claims challenging an alleged recently enacted policy by the California Department of Corrections and Rehabilitation ("CDCR") to integrate inmates on Sensitive Needs Yards ("SNY") with inmates on General Population ("GP") yards. Plaintiff alleges that he was moved from a SNY to the GP yard. Plaintiff alleges that this transfer has caused him mental suffering and put him in danger.
For the reasons stated herein, plaintiff's complaint is dismissed with leave to amend.
Under the Prison Litigation Reform Act ("PLRA"), "[n]o action shall be brought with respect to prison conditions under . . . [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a).
Proper exhaustion of available remedies is mandatory,
While the three claims raised in the complaint appear to be indistinguishable, plaintiff states that he did not yet submit a request for administrative relief as to his second and third claims. Plaintiff alleges that he is exempt from administratively exhausting claims two and three due to "emergency complaint of potential harm." Plaintiff is informed that there is no exception to the administrative exhaustion requirement based on an alleged threat of potential harm.
As for his first claim, plaintiff states that he submitted a request for administrative relief, but apparently did not appeal this claim to the highest level because he was "frustrated and impeded with appeal." Plaintiff's claim that he was frustrated with his grievance does not excuse administrative exhaustion.
Plaintiff's vague claim that his grievance was "impeded" is not sufficient to excuse his lack of exhaustion. However, administrative remedies may be rendered effectively unavailable where "prison administrators thwart inmates from taking advantage of a grievance process through machination, misrepresentation, or intimidation."
In addition, the undersigned finds that plaintiff has not adequately linked the defendants to the alleged deprivations. Named as defendants are California State Prison-Sacramento ("CSP-Sac") Warden, CSP-Sac Captain Riley, and CSP-Sac Health Clinician Swarthout. In claim one, plaintiff alleges that "prison staff across the state of California" are integrating SNY inmates with GP inmates. Plaintiff alleges that this integration is stirring up violence and creating danger. Plaintiff alleges that he was on A yard at CSP-Sac at the EOP level of care and was transferred to a CCCMS GP yard. Plaintiff alleges that he is plagued with anxiety, mania, depression and suicidal tendencies because of this transfer.
Plaintiff does not allege that any of the named defendants were responsible for implementing the integration policy and/or transferring him to the CCCMS GP yard. Accordingly, claim one is dismissed because plaintiff failed to link any of the named defendants to the alleged deprivations. If plaintiff files an amended complaint, he shall name as defendants those prison officials responsible for the integration policy and/or his transfer to the CCCMS GP yard.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. Plaintiff's complaint is dismissed.
4. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Amendment and submit the following documents to the court:
Plaintiff's amended complaint shall comply with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must also bear the docket number assigned to this case and must be labeled "Amended Complaint."
Failure to file an amended complaint in accordance with this order may result in the dismissal of this action.