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David Hans Morales v. Darrell Adams

August 22, 2011

DAVID HANS MORALES,
PLAINTIFF,
v.
DARRELL ADAMS,
DEFENDANT.



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

I. PROCEDURAL HISTORY

Plaintiff David Hans Morales ("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 March 2, 2011. (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 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 brings this action for violations of his Eighth Amendment. Plaintiff names Darrell Adams as the lone Defendant.

Plaintiff generally complains about conditions of confinement in the Administrative Segregation Unit ("ASU") at Corcoran State Prison. Plaintiff states inmates were not issued pillows. Clothing, linens, and other laundry items were not issued or exchanged on December 2, 9, and 16, 2009. Plaintiff states that correctional staff ignore the needs of inmates, that clothing is ripped and torn because of overuse, and that not enough clothes are sent by clothing distribution.

On December 1, 2009, Plaintiff was assigned to a cell with a mattress that was dirty and had much of the padding removed, making it difficult for Plaintiff to sleep. Plaintiff told floor staff, but no action was taken.

Plaintiff seeks injunctive relief, compensatory relief, and declaratory relief.

IV. ANALYSIS

A. Linkage

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


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