Maury

Maury v. Smith

Good Law
United States District Court, Northern District of CaliforniaJanuary 2, 20254:24-cv-07093California348 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT E. MAURY, Case No. 24-cv-07093-JSW

Plaintiff,

ORDER OF DISMISSAL

v.

SMITH, et al., Defendants.

Plaintiff, an inmate in Pelican Bay State Prison proceeding pro se, filed this civil rights case under 42 U.S.C. § 1983 against the Warden and unidentified “mailroom staff.” The complaint was dismissed with leave to amend. Plaintiff filed an amended complaint and a second amended complaint. (ECF Nos. 9, 10.) The amended complaints suffer from the same problem as the original complaint because they do not allege what the individual staff members did or failed to do “that caused the alleged interference with, confiscation of, and/or other mishandling of Plaintiff’s legal mail.” (ECF No. 8 at 2.) See Lemire v. Cal. Dept. of Corrections & Rehabilitation, 726 F.3d 1062, 1085 (9th Cir. 2013) (liability may be imposed on an individual defendant under 42 U.S.C. § 1983 if the plaintiff can show that the defendant’s actions both actually and proximately caused…

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