Simpson v. Feltsen

5 Citing cases

  1. Garland v. Flores

    2:20-cv-01061-DAD-JDP (PC) (E.D. Cal. May. 12, 2023)

    And although inmates are not required to set forth legal terminology in their grievances, they must state facts that put prison officials on notice of the alleged misconduct. See McClintock v. Colosimo, No. 2:13-cv-0264 TLN-DAD (P), 2015 WL 1013689, at *4 (E.D. Cal. Mar. 5, 2015) (finding that the plaintiff's “vague request” in his grievance for defendants to “‘cease all intimidations and harassment forthwith'” was not “enough to satisfy the exhaustion requirement for the retaliation claims he now asserts against defendants”); Simpson v. Feltsen, No. 2:09-cv-00302 MSB, 2010 WL 5288181 at *5 (E.D. Cal. Dec. 17, 2010) (noting that if the court were to assume that the plaintiff's grievance had been improperly screened out and had been exhausted, it still would not have exhausted the plaintiff's retaliation claim because the grievance made no mention of the plaintiff's exercise of his First Amendment rights that allegedly precipitated his retaliatory transfer); Martinez v. Adams, No. 1:09-cv-00899-LJO-DLB, 2010 WL 3912359 at *5 (E.D. Cal. Oct. 5, 2010) (finding that the plaintiff had failed to exhaust several retaliation claims because his grievances did not “mention retaliation or set forth facts that would alert a prison official to retaliatory conduct for protected conduct”).

  2. Avery v. Virga

    No. 2:11-cv-1945-KJM-EFB P (TEMP) (E.D. Cal. Jun. 24, 2016)   Cited 3 times
    Finding that plaintiff did not subjectively believe that prison officials would retaliate against him because "plaintiff pursued numerous appeals against defendants and prison officials"

    Id. Consistent with rulings in this and other districts in this circuit, this court finds that plaintiff did not provide adequate notice to prison officials about his retaliatory transfer claim in Appeal Log No. SAC-10-001108. See, e.g., Walton v. Hixson, No. CIV S-09-1246 GEB CKD, 2011 WL 6002919 at *2 (E.D. Cal. Nov. 30, 2011) (finding that a prisoner's inmate grievance complaining about prison official's interference with his praying was not sufficient to alert prison to plaintiff's claim that the alleged interference was in retaliation for plaintiff submitting a grievance against the official); Simpson v. Feltsen, No. 2:09-cv-00302 MSB, 2010 WL 5288181 at *5 (E.D. Cal. Dec. 17, 2010) (assuming that a prisoner's inmate grievance was improperly screened out, even if it had been accepted and pursued it would not have sufficed to exhaust a retaliation claim because it made no mention of the prisoner's exercise of his First Amendment rights that allegedly precipitated the prisoner's retaliatory transfer); Martinez v. Adams, No. 1:09cv00899 LJO DLB, 2010 WL 3912359 at *5 (E.D. Cal. Oct. 5, 2010) (finding a failure to exhaust a retaliation claim because plaintiff's inmate grievances did not "mention retaliation or set forth facts that would alert a prison official to retaliatory conduct for protected conduct"); Gonzalez v. Doe, No. 07-CV-1962 W (POR), 2010 WL 3718873 at *5 (S.D. Cal. Sept. 20, 2010) ("Even construed liberally, Plaintiff's comments in his Director's level appeal cannot be read as anything more than claims regarding the seriousness of having false confidential information in a prison file, which does not provide notice that the grievances included retaliat

  3. McClintock v. Colosimo

    No. 2:13-cv-0264 TLN DAD P (E.D. Cal. Mar. 5, 2015)   Cited 1 times

    (Elorza Decl. Ex. B.) Even assuming plaintiff was referring to defendants' alleged misconduct, such a vague request would not be enough to satisfy the exhaustion requirement for the retaliation claims he now asserts against defendants Casillas and Merriweather in this action. Specifically, plaintiff did not mention or even suggest retaliation in his inmate appeal. Nor did plaintiff include any allegations in that inmate appeal about his constitutionally protected conduct or mention or suggest any retaliatory motive on any defendants' part. See, e.g., Walton v. Hixson, No. CIV S-09-1246 GEB CKD, 2011 WL 6002919 at *2 (E.D. Cal. Nov. 30, 2011) (finding that a prisoner's inmate grievance complaining about prison official's interference with his praying was not sufficient to alert prison to plaintiff's claim that the alleged interference was in retaliation for plaintiff submitting a grievance against the official); Simpson v. Feltsen, No. 2:09-cv-00302 MSB, 2010 WL 5288181 at *5 (E.D. Cal. Dec. 17, 2010) (assuming that a prisoner's inmate grievance was improperly screened out, even if it had been accepted and pursued it would not have sufficed to exhaust a retaliation claim because it made no mention of the prisoner's exercise of his First Amendment rights that allegedly precipitated the prisoner's retaliatory transfer); Martinez v. Adams, No. 1:09cv00899 LJO DLB, 2010 WL 3912359 at *5 (E.D. Cal. Oct. 5, 2010) (finding a failure to exhaust a retaliation claim because plaintiff's inmate grievances did not "mention retaliation or set forth facts that would alert a prison official to retaliatory conduct for protected conduct"); Gonzalez v. Doe, No. 07-CV-1962 W (POR), 2010 WL 3718873 at *5 (S.D. Cal. Sept. 20, 2010) ("Even construed liberally, Plaintiff's comments in his Director's level appeal cannot be read as anything more than claims regarding the seriousness of having false confidential information in a prison file, which does not provide notice that the grievances included retaliat

  4. Morris v. Bradford

    No. 2:10-cv-2069 TLN DAD P (E.D. Cal. Jan. 23, 2015)

    Nor did plaintiff's inmate appeal submitted with respect to his mail mention any constitutionally protected conduct on his part or suggest any retaliatory motive on the part of any prison official in handling his mail. See, e.g., Walton v. Hixson, No. CIV S-09-1246 GEB CKD, 2011 WL 6002919 at *2 (E.D. Cal. Nov. 30, 2011) (finding that a prisoner's inmate grievance complaining about prison official's interference with his praying was not sufficient to alert prison to plaintiff's claim that the alleged interference was in retaliation for plaintiff submitting a grievance against the official); Simpson v. Feltsen, No. 2:09-cv-00302 MSB, 2010 WL 5288181 at *5 (E.D. Cal. Dec. 17, 2010) (assuming that a prisoner's grievance was improperly screened out, even if it had been accepted and pursued it would not have sufficed to exhaust a retaliation claim because it made no mention of the prisoner's exercise of his First Amendment rights that allegedly precipitated the prisoner's retaliatory transfer); Martinez v. Adams, No. 1:09cv00899 LJO DLB, 2010 WL 3912359 at *5 (E.D. Cal. Oct. 5, 2010) (finding a failure to exhaust a retaliation claim because plaintiff's grievances did not "mention retaliation or set forth facts that would alert a prison official to retaliatory conduct for protected conduct"); Gonzalez v. Doe, No. 07-CV-1962 W (POR), 2010 WL 3718873 at *5 (S.D. Cal. Sept. 20, 2010) ("Even construed liberally, Plaintiff's comments in his Director's level appeal cannot be read as anything more than claims regarding the seriousness of having false confidential information in a prison file, which does not provide notice that the grievances included retaliation."); Trevin

  5. Byrd v. Flynn

    No. 2:10-cv-0839 KJM DAD P (E.D. Cal. Oct. 28, 2014)

    Nor did that inmate appeal mention or suggest any retaliatory motive on defendant Lynn's part. See, e.g., Walton v. Hixson, No. CIV S-09-1246 GEB CKD, 2011 WL 6002919 at *2 (E.D. Cal. Nov. 30, 2011) (finding that a prisoner's inmate grievance complaining about prison official's interference with his praying was not sufficient to alert prison to plaintiff's claim that the alleged interference was in retaliation for plaintiff submitting a grievance against the official); Simpson v. Feltsen, No. 2:09-cv-00302 MSB, 2010 WL 5288181 at *5 (E.D. Cal. Dec. 17, 2010) (assuming that a prisoner's grievance was improperly screened out, even if it had been accepted and pursued it would not have sufficed to exhaust a retaliation claim because it made no mention of the prisoner's exercise of his First Amendment rights that allegedly precipitated the prisoner's retaliatory transfer); Martinez v. Adams, No. 1:09cv00899 LJO DLB, 2010 WL 3912359 at *5 (E.D. Cal. Oct. 5, 2010) (finding a failure to exhaust a retaliation claim because plaintiff's grievances did not "mention retaliation or set forth facts that would alert a prison official to retaliatory conduct for protected conduct"); Gonzalez v. Doe, No. 07-CV-1962 W (POR), 2010 WL 3718873 at *5 (S.D. Cal. Sept. 20, 2010) ("Even construed liberally, Plaintiff's comments in his Director's level appeal cannot be read as anything more than claims regarding the seriousness of having false confidential information in a prison file, which does not provide notice that the grievances included retaliation."); Trevin