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Wesley Kane Campbell v. Federal Bureau of Investigations

April 22, 2011

WESLEY KANE CAMPBELL,
PLAINTIFF,
v.
FEDERAL BUREAU OF INVESTIGATIONS, ET AL., DEFENDANTS.



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

ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM, WITH LEAVE TO FILE AMENDED COMPLAINT

(Doc. 1)

RESPONSE DUE WITHIN 30 DAYS

Screening Order

I. Background

Plaintiff Wesley Kane Campbell ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on September 10, 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

Plaintiff is currently incarcerated at California State Prison, Corcoran ("CSP-Cor") in Corcoran, California. Plaintiff names as Defendants the Federal Bureau of Investigations ("FBI"), specifically the offices in San Francisco, Los Angeles, Oakland, San Diego, and Washington, D.C.

Plaintiff alleges the following. Plaintiff filed various letters to the FBI regarding actions taken at CSP-Cor by prison officials. Plaintiff complains that there is a plot to murder Plaintiff. Plaintiff contends that CDCR officers have put semen and feces in his food from 2008 through 2010. Plaintiff contends professional negligence.

Plaintiff requests monetary damages and a transfer to North Kern State Prison.

III. Analysis

Plaintiff fails to state a claim against the FBI. The FBI is not a proper Defendant in this action. To state a claim under § 1983, a plaintiff must allege that (1) the defendant acted under color of state law and (2) the defendant deprived him of rights secured by the Constitution or federal law. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006). Plaintiff fails ...


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