1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES LEE WURTH, Case No. 2:25-cv-2522-JDP (P) 12 Plaintiff, 13 v. ORDER 14 ASSOCIATE WARDEN, et al., 15 Defendants. 16 17 18 Plaintiff brings this action against two correctional officers, Jenkins and Steffenmeier, and 19 an unidentified associate warden at Mule Creek State Prison. The complaint fails to state a claim. 20 I will dismiss the complaint with leave to amend and give plaintiff an opportunity to remedy its 21 deficiencies. Plaintiff also filed an application to proceed in forma pauperis, which makes the 22 required showing and is granted. 23 Screening and Pleading Requirements 24 A federal court must screen the complaint of any claimant seeking permission to proceed 25 in forma pauperis. See

(e). The court must identify any cognizable claims and 26 dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon 27 28 1 which relief may be granted, or seeks monetary relief from a defendant who is immune from such 2 relief.

3 A complaint must contain a short and plain statement that plaintiff is entitled to relief, 4 Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its 5 face,” Bell Atl. Corp. v. Twombly,

(2007). The plausibility standard does not 6 require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal,

(2009). If the allegations “do not permit the court to infer more than the mere 8 possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not 9 identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr.,

, 10 1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that 11 give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc.,

, 1264 12 n.2 (9th Cir. 2006) (en banc) (citations omitted). 13 The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404

, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it 15 appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which 16 would entitle him to relief.” Hayes v. Idaho Corr. Ctr.,

(9th Cir. 2017). 17 However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements 18 of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin.,

, 19 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents,

(9th Cir. 1982)). 20 Analysis 21 The complaint alleges that plaintiff’s property was stolen, including a medically necessary 22 pillow, after defendant officers Jenkins and Steffenmeier packed up plaintiff’s cell and failed to 23 secure his property. ECF No. 1 at 3. 24 The complaint fails to state a claim. Plaintiff alleges that defendants failed to protect his 25 property against theft. Even if the court were to accept that defendants failed to secure plaintiff’s 26 property intentionally, the Supreme Court has held that “an unauthorized intentional deprivation 27 of property by a state employee does not constitute a violation of the procedural requirements of 28 the Due Process Clause of the Fourteenth Amendment if a meaningful post deprivation remedy 1 for the loss is available.” Hudson v. Palmer,

(1984). California provides such 2 a remedy, see Barnett v. Centoni,

(9th Cir. 1994), and plaintiff does not 3 allege that he utilized it. 4 Further, plaintiff fails to allege that defendants were deliberately indifferent to the theft of 5 his medical pillow. Deliberate indifference to a prisoner’s serious medical needs violates the 6 Eighth Amendment’s proscription against cruel and unusual punishment. See Estelle v. Gamble, 7

(1976). A prison official is deliberately indifferent if he knows that a prisoner 8 faces a substantial risk of serious harm and disregards that risk by failing to take reasonable steps 9 to abate it. Farmer v. Brennan,

(1994). The prison official must not only “be 10 aware of facts from which the inference could be drawn that a substantial risk of serious harm 11 exists,” but he “must also draw the inference.”

If a prison official should have been aware of 12 the risk, but was not, then the official has not violated the Eighth Amendment, no matter how 13 severe the risk. Gibson v. Cnty. of Washoe,

(9th Cir. 2002). The complaint 14 is devoid of any allegation that either defendant knew that plaintiff had a medical pillow or that 15 they intentionally aided in its theft. 16 Plaintiff may file an amended complaint. He is advised that the amended complaint will 17 supersede the current complaint. See Lacey v. Maricopa Cnty.,

, 907 n.1 (9th Cir. 18 2012) (en banc). This means that the amended complaint will need to be complete on its face 19 without reference to the prior pleading. See E.D. Cal. Local Rule 220. Once an amended 20 complaint is filed, the current complaint no longer serves any function. Therefore, in an amended 21 complaint, as in an original complaint, plaintiff will need to assert each claim and allege each 22 defendant’s involvement in sufficient detail. The amended complaint should be titled “First 23 Amended Complaint” and refer to the appropriate case number. 24 Accordingly, it is ORDERED that: 25 1. Plaintiff’s complaint, ECF No. 1, is DISMISSED with leave to amend. 26 2. Plaintiff’s application to proceed in forma pauperis, ECF No. 2 is GRANTED. 27 3. Within thirty days from service of this order, plaintiff shall file either (1) an amended 28 complaint or (2) notice of voluntary dismissal of this action without prejudice. 1 4. Failure to timely file either an amended complaint or notice of voluntary dismissal may 2 | result in the imposition of sanctions, including a recommendation that this action be dismissed 3 | with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 4 5. The Clerk of Court shall send plaintiff a complaint form with this order. 5 6 IT IS SO ORDERED.

Dated: _ December 8, 2025 Q————. 8 awe D. PE i ERSON 9 UNITED STATES MAGISTRATE JUDGE

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