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Edward Jones v. C. Klark

April 22, 2011

EDWARD JONES,
PLAINTIFF,
v.
C. KLARK, ET AL., DEFENDANTS.



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

ORDER DISMISSING COMPLAINT WITH LEAVE TO FILE FIRST AMENDED COMPLAINT RESPONSE DUE WITHIN 30 DAYS (DOC. 1)

Screening Order

I. Background

Plaintiff Edward Jones ("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 August 31, 2010. Doc. 1.

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 Rule 20(a)

Plaintiff is incarcerated at California Substance Abuse Treatment Facility ("SATF") in Corcoran, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: warden C. Klark; mailroom prison guards L. Draper and M. Madden; chief medical officer Enenmoh; prison guard captain A. Rivera; prison guard case workers C. Akins, S. Martins; doctors Ashteira and Talisman; and prison guard staff in R&R.

Plaintiff alleges the following claims.

Claim 1: Defendants Draper and Madden are denying Plaintiff's ability to use indigent envelopes he brought from San Quentin, and are refusing to allow him to use trust withdrawal forms for postage. Compl. 3.*fn1

Claim 2: Defendants violated Plaintiff's Eighth Amendment rights by transferring Plaintiff to a dorm housing setting. Plaintiff was attacked in a dorm housing setting and suffers from post-traumatic stress disorder. Compl. 10.

Claim 3: Plaintiff suffers from a deformed right femur and knee joint. Prison guard staff at R&R deemed Plaintiff's orthopedic footwear unnecessary and denied his shoes. Compl. 11.

Claim 4: Prison guards at R&R refused to allow Plaintiff's religious and ceremonial artifacts into the prison. Compl. 12.

Claims 3 and 4 appear to arise from the same transaction or occurrence, as it involves R&R prison staff denying certain items for Plaintiff. However, Claims 1 and 2 arise from different transactions or occurrences. Pursuant to Federal Rule of Civil Procedure 20(a), persons may be joined in one action as defendants if any right to relief asserted against them arises out of the same transaction, occurrence, or series of transactions and occurrences, and any question of law or fact common to all defendants will arise in the action. ...


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