The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER DISMISSING PLAINTIFF'S COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF No. 11) AMENDED COMPLAINT DUE WITHIN THIRTY DAYS
Plaintiff Jordache Stepter ("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 has consented to Magistrate Judge jurisdiction. (ECF No. 5.)
Plaintiff initiated this action on September 15, 2011 (ECF No. 4), and filed a signed Complaint on October 17, 2011 (Compl., ECF No. 11). Plaintiff's Complaint is currently before the Court for screening. No other parties have appeared in this action.
For the reasons stated below, the Court finds that Plaintiff's Complaint fails to state a claim. Plaintiff will be given leave to file an amended complaint.
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). "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).
Section 1983 "provides a cause of action for the 'deprivation of any rights, privileges, or immunities secured by the Constitution and laws' of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
Plaintiff brings this action for violation of unspecified Constitutional rights. Plaintiff is incarcerated at Avenal State Prison ("ASP") where the events alleged in the Complaint occurred. Plaintiff names the following individuals as Defendants in this action: 1) James Hartley, warden, 2) Capt. Lloren, captain, 3) Sgt. Clinton, sergeant, 4) Lt. Jepsen, lieutenant, 5) Lt. Crenshaw, lieutenant, 6) B. Mobley, correctional officer, and 7) R. Howard, correctional officer.
Plaintiff asks that the Court file a complaint on his behalf and take it to trial. He would also like the Court to serve the parties. He asks for a permanent restraining order directing that Plaintiff be transferred to a different facility. Plaintiff is willing to consider monetary and punitive damages and/or to regain his original "EPRD" of December 27, 2012.
Plaintiff alleges the following:
From August 2011 to the present, Plaintiff has been harassed, threatened, and discriminated against on a daily basis. This has caused him mental pain, emotional pain, and distress. Defendant Hartley, the warden, and Internal Affairs have failed to get involved and help Plaintiff even though Plaintiff has advised them of these incidents. Plaintiff told Defendant Lloren about sexual and other harassment, verbal hate crimes, threats, and discrimination. Defendant Lloren refused to help Plaintiff. The harassment includes forcing Plaintiff to cut his cultural hairstyle which was related to his beliefs. Plaintiff was punished and written up by Defendants Mobley and Howard, individuals whose harassment, threats, and discrimination caused Plaintiff mental and emotional pain and distress. Defendants Clinton, Jepsen, Crenshaw have jeopardized Plaintiff's freedom from incarceration, tortured Plaintiff, and punished Plaintiff.
To state a claim under Section 1983, a plaintiff must allege two ...