The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM WITH LEAVE TO AMEND (DOC. 1) RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Sidni Moore ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on March 17, 2011. Doc. 1.
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 Atl. 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.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
Plaintiff is currently incarcerated at Pleasant Valley State Prison ("PVSP"). The alleged events at issue in this action occurred while Plaintiff was incarcerated in the Fresno County Jail. Plaintiff names as Defendants: Christian Maxwell, public defender at Fresno Juvenile Hall; Judge Sarkisian; and Fresno County Jail Records.
Plaintiff alleges the following: On or about May 10, 2010, he was sentenced to 40 days, which would give him a release date of June 20, 2010. Plaintiff complains that he was not released until July 20, 2010. Plaintiff also complains that he was sentenced 8 months, when they told him he was sentenced to "365." He did "9 months out of 12." Doc. 1.
Plaintiff requests benefits. He also requests minute orders from his sentencing.
Plaintiff's complaint is vague and fails to state a claim against any of the named defendants. To state a cognizable claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). Plaintiff has not alleged any facts identifying the defendants. Plaintiff also has not alleged what actions were taken by these defendants that allegedly violated a constitutional right.
Defense attorneys, such as Public Defender Maxwell, who represent the accused in a criminal matter do not act under color of state law. Polk County v. Dodson, 454 U.S. 312, 325 (1981). Accordingly, Plaintiff cannot state a ...