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ANTHONY SHORTER v. R. ROSENTHAL

November 29, 2010

ANTHONY SHORTER,
PLAINTIFF,
v.
R. ROSENTHAL, ET AL.,
DEFENDANTS.



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

(DOC. 1)

ORDER DISMISSING COMPLAINT WITH LEAVE TO FILE AMENDED COMPLAINT WITHIN THIRTY DAYS

Screening Order

I. Background

Plaintiff Anthony Shorter ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on April 8, 2010.

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 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. (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 previously incarcerated at California State Prison at Corcoran ("CSP-COR") where the events giving rise to this action occurred. Plaintiff names the following Defendants: R. Rosenthal, senior librarian at CSP-COR; CDCR; CSP-COR, including Warden Derral G. Adams, associate warden S. Brooks, Dr. G. Doan, vice president of education, and S. Wortman, vice president of education; the appeals coordinator office, CSP-COR litigation office; T. Lloren; and 3B Yard custody staff.

Plaintiff alleges the following. On February 24, 2009, Plaintiff had requested copying services for his writ of habeas corpus, with exhibits. Defendant R. Rosenthal refused to copy the exhibits. On February 25, 2009, Plaintiff filed a CDC 602 inmate grievance. This grievance was screened out, and ultimately rejected.

On June 15, 2009, respondents had filed a motion to dismiss the writ. Plaintiff filed his opposition on July 21, 2009, and Defendant Rosenthal again refused to make copies of the exhibits. On July 24, 2009, Plaintiff filed another CDC 602 inmate grievance regarding this matter.

Plaintiff contends his issues with Defendant Rosenthal began in August 6, 2008, when Defendant Rosenthal continually harassed and denied/refused copies for Plaintiff. After numerous inmate grievances, CSP-COR allowed Defendant Rosenthal to continue his actions. Defendant Rosenthal would overcharge Plaintiff for services not rendered. Defendant suffered a mental relapse as a result of Defendant Rosenthal's abusive behavior towards Plaintiff. Plaintiff avoids the law library except for emergencies, and requests the presence of a correctional officer.

Plaintiff requests as relief injunctive relief in the form of copies of his exhibits, and to send a letter to the Central District of California regarding Plaintiff's habeas corpus petition. ...


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