The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS RECOMMENDING ACTION BE DISMISSED FOR FAILURE TO STATE A CLAIM ECF No. 25 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS
Findings and Recommendations
Plaintiff Garrison S. Johnson ("Plaintiff') is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se in this civil action pursuant to 42 U.S.C. § 1983. On October 14, 2010, Plaintiff initiated this action by filing his complaint. ECF No. 1. On May 4, 2011, the Court screened Plaintiff's complaint and directed service against Defendants Matthew Cate and Kelly Harrington. On July 18, 2011, Defendants filed a motion to dismiss for failure to state a claim. On January 11, 2012, Defendants' motion was granted. Plaintiff was granted leave to file a First Amended Complaint. On February 6, 2012, Plaintiff filed his First Amended Complaint. ECF No. 25. The amended complaint is before the Court for screening.
The Court is required to screen complaints brought by prisoners seeking relief against a 2 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 3 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 4 "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 6
A complaint must contain "a short and plain statement of the claim showing that the pleader 7 is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but 8 "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, 9 do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). While factual allegations are accepted as true, legal conclusions are not. Id.
II. Summary of First Amended Complaint
Plaintiff was incarcerated at Kern Valley State Prison ("KVSP") in Delano, California, where the events giving rise to this action occurred. Plaintiff names as Defendants Matthew Cate, director of CDCR, and Kelly Harrington, warden of KVSP.
Plaintiff alleges the following. Defendants Cate and Harrington instituted a policy or practice of not allowing Plaintiff, an African American, to participate in the voting process of Mexican and Caucasian prisoners to the inmate advisory council ("IAC") as housing unit representatives. Plaintiff alleges that on November 23, 2009,*fn1 Plaintiff participated in the election of an African American prisoner as an IAC representative for C5-housing unit. Only African American inmates were allowed to vote for the African American prisoner IAC representative.
Defendants were aware that KVSP had a policy of racial segregation and discrimination of voting for IAC housing unit representatives. Defendants were aware that KVSP inmates established self-imposed politics which discouraged inmates from voting outside of their race for IAC representatives, and that Defendants failed to correct these issues, subjecting Plaintiff to racial discrimination.
Plaintiff alleges a violation of the Equal Protection Clause of the Fourteenth Amendment.
Plaintiff requests as relief compensatory and punitive damages, and injunctive relief, ordering CDCR 3 to cease its policy of allowing inmates' self-imposed politics to discourage inmates from voting 4 outside of their racial groups. 5
The Equal Protection Clause requires that persons who are similarly ...