The following excerpt is from Atlas v. Fox, No. 2:17-cv-0286 MCE AC P (E.D. Cal. 2019):
As for plaintiff's assertion that he was denied the opportunity to file a class action grievance within the prison, this allegation fails to state a claim for relief. Prisoners have no constitutional right to a prison grievance procedure. See Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003).
Plaintiff will be given the opportunity to amend his complaint. If plaintiff chooses to file an amended complaint, it will take the place of all previous complaints. See Lacey v. Maricopa Cty., 693 F.3d 896, 925 (9th Cir. 2012) (stating amended complaint supersedes original complaint). Any amended complaint filed should observe the following:
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An amended complaint must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a constitutional right if he does an act, participates in another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).
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