Bassett v. Callison

2 Citing cases

  1. Watts v. Ruggiero

    No. 2:13-cv-1749 TLN AC P (E.D. Cal. Mar. 9, 2016)   Cited 4 times
    Casting doubt as to whether an unsuccessful bribery attempt may constitute an adverse act

    Plaintiff does not describe, or attempt to describe, the dates or content of his allegedly relevant appeals, and does not identify the dates or circumstances of defendant Ruggiero's alleged interceptions of plaintiff's appeals, or defendant's alleged statements to plaintiff conceding that he did so. "Plaintiff has failed to provide specific factual information concerning to whom he gave the appeals, whether he submitted follow-up inquiries regarding these appeals, or whether he attempted to resubmit the appeal once he allegedly received no response." Bassett v. Callison, 2010 WL 5393985, at *7, 2010 U.S. Dist. LEXIS 137987, at *18 (E.D. Cal. Dec. 22, 2010) (Case No. 2:10-cv-0539 KJN P) ("Plaintiff stated, in conclusory fashion, that officials destroyed or lost these appeals . . . . [but] he provided no facts or evidence to support this conclusion").Accord Gaines v. C/O Bennett, 2016 WL 426609, at *8, 2016 U.S. Dist. LEXIS 13736, at *22-3 (E.D. Cal. Feb. 4, 2016) (Case No. 2:13-CV-2070 KJM AC P) (report and recommendations) (collecting cases, as follows):

  2. Gaines v. Bennett

    No. 2:13-cv-2070 AC P (E.D. Cal. Feb. 3, 2016)

    Plaintiff does not provide a copy of the appeal or describe its contents, does not identify the date he allegedly completed and submitted it, and does not identify which box he allegedly deposited it into. Cf. Jones v. Bishop, 2010 WL 4628067, at *6, 2010 U.S. Dist. LEXIS 117837, at *16 (E.D. Cal. Nov. 5, 2010) (Case No. 2:09-cv-0150 JLQ EFB P) ("There is no evidence in the record to support Plaintiff's bald assertion that he ever timely filed or attempted to timely file a grievance/appeal . . . . Although the court must construe the Plaintiff's materials liberally, it is not permissible for the court to sustain a general allegation . . . without any measure of evidentiary support in the record."); Bassett v. Callison, 2010 WL 5393985, at *7, 2010 U.S. Dist. LEXIS 137987, at *18 (E.D. Cal. Dec. 22, 2010) (Case No. 2:10-cv-0539 KJN P) ("Plaintiff stated, in conclusory fashion, that officials destroyed or lost these appeals . . . . [but] he provided no facts or evidence to support this conclusion"); Bull v. Scribner, 2012 WL 5878195, at *5, 2012 U.S. Dist. LEXIS 165840, at *17 (E.D. Cal. Nov. 20, 2012) (Case No. 1:05-cv-01255 LJO GSA P) ("Plaintiff fails to demonstrate that he properly utilized the process available to him."), aff'd sub nom. Bull v. Brown, 616 F. Appx. 289 (9th Cir. 2015); Webb v. Cahlander, 2015 WL 6531642, at *4, 2015 U.S. Dist. LEXIS 146352, at *9 (E.D. Cal. Oct. 28, 2015) (Case No. 1:13-cv-01154 DLB P) ("Plaintiff fails to substantiate his claim with evidence in any manner.").