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Terry Townley v. K. Santoro

April 30, 2012

TERRY TOWNLEY,
PLAINTIFF,
v.
K. SANTORO, DEFENDANT.



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

ORDER DISMISSING PLAINTIFF'S COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM (ECF No. 1)

AMENDED COMPLAINT DUE WITHIN THIRTY DAYS

Plaintiff Terry Townley ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff initiated this action on December 21, 2011. (Compl., ECF No. 1.) Plaintiff's Complaint is currently before the Court for screening. No other parties have appeared in this action. Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 5.)

The Court finds that Plaintiff's Complaint fails to state a claim. Plaintiff will be given leave to file an amended complaint.

I. 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).

II. SUMMARY OF COMPLAINT

Plaintiff is currently incarcerated at California State Prison, Corcoran ("CSP-COR"). It appears that the events alleged in his Complaint occurred at California Substance Abuse Treatment Facility and State Prison ("CSATF"). Plaintiff names K. Santoro, associate warden, as the sole Defendant in this action.*fn1

Plaintiff's allegations are unclear and the statutory basis for them is unstated. His allegations are as follows:

Plaintiff is in a wheelchair and cannot protect himself.*fn2 On July 5, 2011, Plaintiff told several prison officers that his cell-mate had made verbal threats to kill him. Plaintiff told some that his cell-mate was an enemy, was crazy and would hurt him. Inmate Udell was moved to another cell on July 5, 2011. Plaintiff refused to be housed with inmate Udell again. He was told that if he refused, he would be given a 115 and lose good time credits. Inmate Udell was returned to Plaintiff's cell on August 10, 2011. He stabbed Plaintiff on this same day. Plaintiff was seriously injured and almost lost his vision. Unspecified prison officials are trying to have Plaintiff killed by housing him with inmate Pratt.

On October 27, 2011, Plaintiff told Defendant Santoro and others that he was concerned for his safety due to Mexican inmates having made threats against him. They threatened him because Plaintiff refused to live with inmate Rodrueize.

Plaintiff is receiving death threats for filing a complaint in California state courts regarding an October 20, 2010 inmate murder. Plaintiff has had his television and legal material taken away. Plaintiff ...


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