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Victoria Christopher v. California Department Corrections and Rehabilitation

May 4, 2012

VICTORIA CHRISTOPHER,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT CORRECTIONS AND REHABILITATION, DEFENDANT.



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

ORDER DISMISSING PLAINTIFF'S ACTION WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM OF CLERK TO CLOSE FILE (ECF NO. 1) DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g)

SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Victoria Christopher, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on December 20, 2011 pursuant to 42 U.S.C. § 1983. (Compl., ECF No. 1.) Plaintiff has consented to Magistrate Judge jurisdiction. (Consent, ECF No. 5.) 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 alleges generally that the prison appeals system is corrupt, that staff is rarely held accountable for their actions, and that the appeal system acts negligently. (Compl. at 3.)

Plaintiff names as Defendant the California Department of Corrections and Rehabilitation. (Id. at 2.)

Plaintiff seeks monetary compensation. (Id. at 3.)

IV. ANALYSIS

A. Pleading Requirements Generally

To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. ...


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