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Ernesto Leon v. Sci G. Vasquez

September 16, 2011

ERNESTO LEON,
PLAINTIFF,
v.
SCI G. VASQUEZ, ET AL.,
DEFENDANTS.



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

I. PROCEDURAL HISTORY

Plaintiff Ernesto Leon ("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 April 14, 2011. (ECF No. 1.) His 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 brings this action for violation of the Fourteenth Amendment. Plaintiff names the following individuals as Defendants: SCI G. Vasquez, Correctional Sergeant Pilkerton, Associate Warden A. F. Hernandez, AGPA S. Zuiani, and Does 1-20.

Plaintiff alleges the following: On September 16, 2009, Plaintiff was removed from his assigned job by Defendant Vasquez because of a comment made by another inmate. Defendant Vasquez reported in a informational chrono that Plaintiff displayed inappropriate sexual behavior in the work place. Plaintiff filed a 602 grievance in response. At the first level, Defendants Pilkerton and Hernandez overlooked the issue that Plaintiff was removed from a paying job and placed into a nonpaying position without receiving a rules violation report. At the second level, Plaintiff's appeal was granted. He was given a work assignment with the same pay as the position he was removed from.

Plaintiff tried to file a citizen's complaint against Defendant Vasquez pursuant to CCR title 15 section 3084.1(e). However, Defendant Zuiani hindered this attempt.

Plaintiff seeks punitive damages.

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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