The opinion of the court was delivered by: Dennis L.
ORDER DISREGARDING PLAINTIFF'S ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (DOC. 1) RESPONSE DUE WITHIN 30 DAYS
Plaintiff Antonio Fahie ("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 March 9, 2010.*fn1
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 and Violation of Rule 8
Plaintiff was previously incarcerated at California Substance Abuse Treatment Facility ("CSATF") in Corcoran, California, where the events giving rise to this action occurred. Plaintiff names as Defendants the CSATF Corcoran Appeals office, R. Hall, R. Gomez, Kathleen Allison, Smith, and P. Escobar.
Plaintiff requests that the Court examine the attached documents to determine his claims. Plaintiff attaches his various inmate grievances. Plaintiff requests as relief an injunction preventing any transfer to a prison where there is valley fever. Plaintiff also requests a transfer to a level 4 prison closer to his home.
The Court declines to review Plaintiff's documents to determine what Plaintiff's claims are. Pursuant to Rule 8(a)(2) of the Federal Rules of Civil Procedure, Plaintiff is required to provide "a short and plain statement of the claim showing that the pleader is entitled to relief." The Court will not mine Plaintiff's submitted documents to determine what Plaintiff's claims are. Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (emphasis added). Accordingly, Plaintiff's complaint is dismissed, with leave to file an amended complaint within thirty days.
Based on Plaintiff's request for injunctive relief, the Court provides the ...