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Wesley Kane Campbell v. Baca

February 14, 2012

WESLEY KANE CAMPBELL,
PLAINTIFF,
v.
BACA, DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATION THAT PLAINTIFF'S COMPLAINT BE DISMISSED AS FRIVOLOUS AND FOR FAILURE TO STATE A CLAIM; CLERK TO CLOSE THE CASE; DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) (ECF NO. 1)

OBJECTIONS DUE WITHIN 30 DAYS

I. PROCEDURAL HISTORY

On February 1, 2012, Plaintiff Wesley Kane Campbell, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff's Complaint is now before the Court for screening.

II. SCREENING REQUIREMENT

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, malicious," or 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).

While factual allegations are accepted as true, legal conclusion are not. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must demonstrate that each named Defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002); Iqbal, 129 S.Ct at 1948--49.

III. SUMMARY OF COMPLAINT

Plaintiff is currently housed at the Los Angeles County Central Jail. (Compl., p.1, 8, ECF No. 1.)

Plaintiff names as Defendant Lee Baca, Los Angeles County Sheriff. (Compl. at 1.) The allegations in Plaintiff's Complaint are mostly unintelligible, but he appears to complain that:

He was in a cell "for 4 days 4 nights not mat no [ ] no blanket no breakfast no lunch no dinner [and required to use contaminated] water to take ... meds"; (Id. at 3.)

He was fed contaminated "T.V. Dinners for 4 days in a row ...."; (Id.)

He was " [D]roped kicked [while in waist chains] then [chained] ... to the tray slot ...


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