Major v. McVege

Background

Matthew B. Major, identified as a state inmate, filed a civil-rights complaint under 42 U.S.C. § 1983 against several parole officers in San Jose and several individuals at Valley State Prison, where he had previously been incarcerated. The court stated that Major had been paroled to San Jose on April 4, 2022, and was at the San Mateo Jail when he filed the complaint. He alleged that Valley State Prison had failed to release the remaining $1,700 in his inmate trust account and that parole agents had ignored grievances and forms concerning the issue. He also sought an order requiring Valley Medical to produce his medical records.

The court noted that it would address Major’s request to proceed without paying the filing fee in a separate order.

Screening analysis

Because Major sought relief from governmental entities or employees, the court screened the complaint under 28 U.S.C. § 1915A. That statute requires the court to identify claims that are legally valid and dismiss claims that are frivolous, fail to state a claim, or seek money from an immune defendant. The court also stated that a claim under § 1983 requires allegations that a federal constitutional or statutory right was violated by a person acting under state authority.

The court found no valid claim against the named defendants. It ruled that claims against Valley State Prison and its employees had to be filed in the Eastern District because the prison was located in Madera County. It also found that Major had not alleged facts showing that the San Jose parole agents violated his constitutional rights, caused Valley State Prison’s failure to return his money, or had authority over that issue. Finally, the court stated that Valley Medical was not a state actor, as far as the court was aware, and that Major had not provided a basis for requiring it to produce his medical records under § 1983.

Ruling

Judge Beth Labson Freeman ordered that the complaint be dismissed with leave to amend. Major must file an amended complaint on the court’s form within 28 days after the order was filed. The amended complaint must use the case caption and number specified in the order and include the words “AMENDED COMPLAINT” on its first page. It must answer all questions on the form and may not refer back to the original complaint; claims or defendants omitted from the amended complaint will no longer be part of the action.

The order states that failure to file a compliant amended complaint within the permitted time will result in dismissal of the action with prejudice for failure to state a claim, without further notice. The clerk was directed to send Major two copies of the court’s complaint form with the order.