The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1)
AMENDED COMPLAINT DUE WITHIN THIRTY (30) DAYS
On August 1, 2011, Plaintiff Rene Gonzalez, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) 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). "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).
III. SUMMARY OF COMPLAINT
Plaintiff names the Visalia Police Department, Officer Saenz, and Officer Martinez as Defendants in this action. Plaintiff alleges the following:
On August 4, 2010, two police officers arrived at Plaintiff's apartment in response to a noise complaint and instructed Plaintiff to return to his apartment and turn down the volume of his music. Those officers left without incident. Plaintiff then realized that he had locked himself out of his apartment and could not immediately turn down the volume of his music. Plaintiff was looking for his keys as the apartment manager approached and asked if Plaintiff had lost something. At that point, Officers Saenz and Martinez arrived at Plaintiff's apartment. One of them, the male, called out Plaintiff's name, tackled him, and slammed his head into the ground at least twice, knocking out two front teeth. (Compl. at 3.)
To state a claim under Section 1983, a plaintiff must allege two ...