ORDER FINDING COGNIZABLE DUE P R O C E S S C L A I M S A G A I N S T DEFENDANTS (ECF No. 14)
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. Plaintiff originally filed this action on July 6, 2010. (ECF No. 1.) This Court dismissed that complaint with leave to amend. (ECF No. 11.) Plaintiff filed his First Amended Complaint on May 12, 2011, which was also dismissed with leave to amend. (ECF Nos. 12 & 13.) Plaintiff then filed a Second Amended Complaint. (ECF No. 14.) No other parties have appeared.
Plaintiff's Second Amended Complaint is now before the Court for screening. For the reasons stated below, the Court finds that Plaintiff has 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. Plaintiff names the following individuals as Defendants: Hector A. Rios, Warden; Jacqueline Ciufo, Unit Manager; Jessie Gonzalez, Administrative Assistant, S. Putnam, Lieutenant (SHU); Z. Morgan, Lieutenant (SHU), and D. S. Eber, Lieutenant (SHU). 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, and subsequently, sentenced to 60 days disciplinary segregation. On July 7, 2009, Defendant Ciufo prepared a memo, which was signed by Defendant Rios, recommending Plaintiff's referral to a special management unit. Plaintiff did not receive a copy of this referral which included disciplinary infractions from prior institutions and the new charge from either Defendant. On August 6, 2009, a hearing was held to determine Plaintiff's placement in a special management unit. Plaintiff did not receive any notice prior to this hearing and, thus, could not adequately defend himself. The hearing officer found special management unit placement appropriate.
On August 31, 2009, after completing his disciplinary segregation sentence, Plaintiff continued to be retained in administrative segregation ("ad-seg"). Plaintiff was retained in ad-seg for over one year without attending a special review hearing, which occurred every 30 days.
On September 28, 2010, Plaintiff was transferred to a different institution which is a special management unit.
Plaintiff seeks immediate release to the general population or a transfer to the general population of another institution, and monetary compensation for every day ...