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Reymundo v. Bouhaben

July 1, 2010

RAMON REYMUNDO, PLAINTIFF,
v.
BOUHABEN, ET AL., DEFENDANTS.



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

ORDER DISMISSING CERTAIN CLAIMS (ECF NO. 3)

I. Background

A. Procedural History

Plaintiff Ramon Reymundo ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on December 1, 2008, in the Central District of California. This case was transferred to the Eastern District of California on December 10, 2008. On April 6, 2009, the Court screened Plaintiff complaint and found that it stated cognizable claims against defendants Bouhaben and Roland for deliberate indifference in violation of the Eighth Amendment, but failed to state any other claims. (Ct.'s Order, dated September 16, 2009, ECF No. 13.) The Court ordered Plaintiff to file an amended complaint curing the deficiencies stated therein, or proceed only on the claims found to be cognizable. On April 20, 2009, Plaintiff filed a first amended complaint which failed to state any claims. On September 17, 2009, the Court ordered Plaintiff either to withdraw his first amended complaint and proceed on Plaintiff's original complaint, or file a second amended complaint. (ECF No. 13.) On October 5, 2009, Plaintiff notified the Court that he would withdraw his first amended complaint and proceed on his original complaint. The Court issues the following screening order.

B. Screening Requirement

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).

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)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

II. Summary Of Complaint

Plaintiff was formerly a state prisoner at Avenal State Prison ("ASP") in Avenal, California, where the acts he complains of occurred. Plaintiff names the following Defendants: floor officers Bouhaben, Roland, and A. Huerta; and Warden James D. Hartley.

Plaintiff alleges the following. On July 3, 2008, Plaintiff was moved from a low bunk to a top bunk by Defendants Bouhaben and Roland . Plaintiff had informed these Defendants that he had a history of seizures as listed on his bed card chrono and that he should not be moved to the top bunk. Plaintiff was ignored. On July 7, 2008, Plaintiff suffered a seizure while sleeping and fell off the top bunk and hurt himself, suffering head and body trauma. (Compl. 5, ECF No. 3.)

Plaintiff seeks permanent placement in a low bunk for the rest of his confinement and monetary damages. (Compl. 6.)

III. Plaintiff's Claims

A. Linkage Requirement

The Civil Rights Act under which this action was ...


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