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Taylor v. Kern Valley State Prison

August 25, 2008

KIRELL TAYLOR, PLAINTIFF,
v.
KERN VALLEY STATE PRISON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THIS ACTION BE DISMISSED FOR FAILURE TO STATE A CLAIM

(Doc. 1)

Screening Order

I. Screening Requirement

Plaintiff Kirell Taylor ("Plaintiff") is a state prisoner proceeding pro se in this action pursuant to 42 U.S.C. § 1981. Plaintiff filed this action on December 20, 2007.

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

"Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions," none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a). "Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz, 534 U.S. at 512. However, "the liberal pleading standard . . . applies only to a plaintiff's factual allegations." Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). "[A] liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled." Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).

II. Summary of Plaintiff's Complaint

Plaintiff is currently housed at Kern Valley State Prison, where the events giving rise to this action allegedly took place. Plaintiff names Kern Valley State Prison, Officer Singleton, Officer D. Farmer, Officer B. Gricewich and Officer L. Wheat as defendants. Plaintiff seeks money damages.

Plaintiff brings this action pursuant to 42 U.S.C. §1981. Plaintiff alleges that on December 11, 2006, he received a check for $30,000,000.00 for deposit into his prison trust account. Plaintiff alleges that defendant Singleton delivered the envelope bearing the check to his cell. Plaintiff alleges that he handed the envelope with the check back to defendant Singleton, and that the money is not in his prison trust account.

Plaintiff alleges that defendant Farmer responded to plaintiff's inmate 602 appeal at the informal level. Plaintiff alleges that defendant Wheat informed plaintiff that the accounting department had not received his check or money order. Plaintiff states that defendant Gricewich screened out plaintiff's grievance.

A. 42 U.S.C. §1981

Section 1981 provides redress for discrimination based on race. Lowe v. City of Monrovia, 775 F.ed 998, 1010 (9th Cir, 1986) as amended, 784 F.2d 1407 (9th Cir.1986). Section 1981(a) provides that "[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts...and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens..." In order to sufficiently plead a violation of section 1981, plaintiff must show intentional discrimination on account of race. Evans v. McKay, 869 F 2d 1341, 1344 (9th Cir, 1989), Lowe at1010.

It appears that plaintiff has misconstrued the types of claims properly brought under section 1981. Plaintiff makes no allegation whatsoever that defendants have discriminated against him because of his race. Rather, plaintiff asserts that defendants have somehow impeded his right to make and enforce ...


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