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Christian Williams v. Hector A. Rios

April 28, 2011

CHRISTIAN WILLIAMS,
PLAINTIFF,
v.
HECTOR A. RIOS, ET AL., DEFENDANTS.



COMPLAINT DISMISSED WITH LEAVE TO AMEND (ECF No. 1) AMENDED COMPLAINT DUE WITHIN THIRTY DAYS SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Christian Williams ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by federal actors.*fn1 Plaintiff originally filed this action on July 6, 2010.

(ECF No. 1.) No other parties have appeared.

Plaintiff's Complaint is now before the Court for screening. For the reasons stated below, the Court finds that Plaintiff has not stated a claim upon which relief may be granted.

II. SCREENING REQUIREMENTS

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 Atlantic 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.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

III. SUMMARY OF COMPLAINT

Plaintiff appears to be claiming violations of his due process rights as well as a Bureau of Prison's policy. Plaintiff names the following individuals as Defendants: Hector

A. Rios, Warden; Jacqueline Ciufo, Case Manager; and Jessie Gonzalez, Administrative Assistant. All Defendants were employed at United States Penitentiary Atwater at the time of the incident.

Plaintiff alleges the following: On June 22, 2009, Plaintiff was placed in segregation for possession of a weapon. On July 2, 2009, after a disciplinary hearing, Plaintiff was sentenced to 60 days disciplinary segregation. On August 6, 2009, another hearing was held to determine Plaintiff's placement in a special management unit. As of the filing of this Complaint, Plaintiff remained in segregation on administrative detention.

Plaintiff seeks immediate release to the general population at Atwater or a transfer to the general population of another institution,*fn2 and monetary compensation for every day spent in segregation.

IV. ANALYSIS

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


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