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Pedro J. Honesto v. A. Schwarzenegger

July 14, 2011

PEDRO J. HONESTO,
PLAINTIFF,
v.
A. SCHWARZENEGGER, ET AL.,
DEFENDANTS.



ORDER DISMISSING PLAINTIFF'S ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM (ECF No. 16)

CLERK TO CLOSE CASE SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Pedro J. Honesto ("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 June 22, 2010 and consented to Magistrate Judge jurisdiction on July 29, 2010. (ECF Nos. 1 & 9.) No other parties have appeared. Plaintiff's complaint was dismissed with leave to amend for failure to state a claim. (ECF Nos. 1 & 15.) Plaintiff filed a First Amended Complaint on June 23, 2011. (ECF No. 16.)

Plaintiff's First Amended Complaint is now before the Court for screening. For the reasons set forth below, the Court finds that Plaintiff has failed to state any claims 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 alleging violations of his due process rights. Plaintiff names the following individuals as Defendants: A. Schwarzenegger, J. Hartley, and Does.

Plaintiff's statement of the case contains almost no allegations of constitutional violations. Plaintiff states that Defendant Hartley is responsible for establishing minimum eligibility release dates (MERD) for prisoners, including Plaintiff, with indeterminate release dates. Plaintiff goes on about the "some evidence" standard used for the hearings. He then details events that occurred in 2011, which are not part of this action. Plaintiff finally states that he was not advised of his right to counsel during this process, specifically for the interviews conducted by correctional counselors and psychiatric doctors and that he has a right to counsel during this process.

Plaintiff seeks declaratory and injunctive relief.

IV. ANALYSIS

The Civil Rights Act under which this action was filed provides:

Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 42 U.S.C. ยง 1983. "Section 1983 . . . creates a cause of action for violations of the federal ...


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