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Darryl Thomas v. Raul Lopez

June 23, 2011

DARRYL THOMAS,
PLAINTIFF,
v.
RAUL LOPEZ, ET AL., DEFENDANTS.



AMENDED COMPLAINT DUE WITHIN THIRTY DAYS COMPLAINT DISMISSED WITH LEAVE TO AMEND

(ECF No. 1)

SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Darryl Thomas ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on January 18, 2011 and consented to Magistrate Judge jurisdiction on February 11, 2011. (ECF Nos. 1 & 9.) No other parties have appeared. Plaintiff's Complaint is now before the Court for screening.

For the reasons set forth below, the Court finds that Plaintiff has failed to state 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 alleges interference with his mail. Plaintiff names the following individuals as Defendants: Raul Lopez, Warden; A. Maxfield, Correctional Officer; and Corcoran State Prison.

Plaintiff alleges as follows: On April 15, 2010, Plaintiff placed two unsealed envelopes in the mailbox for mailing. Defendant Maxfield examined the letters, and then switched the letters, placing the wrong letters in the wrong envelopes. The letters were then mailed to the wrong addressees which caused Plaintiff to lose his legal support group.*fn1

Plaintiff seeks declaratory relief, and compensatory and punitive damages.

IV. ANALYSIS

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


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