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Anthony Ray Evans v. Judge Dennis L. Beck

July 27, 2012

ANTHONY RAY EVANS,
PLAINTIFF,
v.
JUDGE DENNIS L. BECK, ET AL., DEFENDANTS.



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 FIRST SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Anthony Ray Evans is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. (Complaint, 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 re-iterates certain allegations previously disposed of on the merits before the Honorable Dennis L. Beck, United Stated Magistrate Judge, in Anthony Ray Evans v. Gonzales, E.D. Cal. Case No. 1:10-cv-01680-DLB PC,*fn1 relating to events in 2010 involving correctional staff at the California Correctional Institution ("CCI") in Tehachapi, California. (Complaint at 2, 13.) He alleges that corrections staff Defendants Sampson, Sanders, Burrows, Mello, Phillips and Steadman required that he take a cell-mate notwithstanding his history of violence against cell-mates. (Id.) He then attacked his cell-mate, was pepper-sprayed, insufficiently decontaminated, given a rules violation, and his related prison grievance was improperly handled and ultimately denied, violating his rights under the Eighth and Fourteenth Amendments. (Id. at 4-13.)

He also alleges that Judge Beck engaged in judicial misconduct in the Gonzales action. (Id. at 13.)

He names as Defendants (1) Judge Beck, (2) Stainer, Warden, (3) Mello, Sgt., (4) Phillips, Counselor, (5) Steadman, Assoc. Warden, (6) Burrows, Sgt., (7) Sander, Lt., and (8) Sampson, Appeals Coordinator.*fn2 (Id. at 2.)

He seeks monetary compensation. ...


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