The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM WITH LEAVE TO AMEND ECF No. 1 RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Janet Allen ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On March 15, 2012, Plaintiff filed her complaint. ECF No. 1.
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 or malicious," 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. Id. § 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." Id. § 1915(e)(2)(B)(ii). 2
A complaint must contain "a short and plain statement of the claim showing that the pleader
3 is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but 4 "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, 5 do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 6
U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a 7 claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). While factual 8 allegations are accepted as true, legal conclusions are not. Id. 9
Plaintiff is incarcerated at Valley State Prison for Women ("VSPW") in Chowchilla,
California, where the events giving rise to this action occurred. Plaintiff names as Defendants VSPW, the state of California, and correctional officers C. D. Lee and M. Medina.
Plaintiff alleges the following. Plaintiff complained that in January 2011, all the doors were opened, when pursuant to regulation each door was supposed to be open individually. Plaintiff was frustrated that staff was overly friendly with inmates, who brought special gifts and approached staff. After all the doors were opened, Plaintiff approached Defendant Lee, who had opened all the doors, and complained to him that his unprofessional behavior was inappropriate. Defendant Lee called Plaintiff a snitch. After recreation time, Defendant Lee allowed one of his porters, inmate Peraza, to enter Plaintiff's room and assault her. She had received special gifts and favors. Plaintiff spoke with ISU (investigative services unit) and filed several grievances, which disappeared mysteriously. Defendant Lee allowed two more inmates to come in Plaintiff's room and assault her with a lock, fracturing her face. Plaintiff was rushed to Fresno Hospital and Madera specialists. No incident report was filed, nor was an alarm activated. Plaintiff suffered major injuries, harassment, retaliation, and was bribed to not file a lawsuit.
Plaintiff would like the Court to investigate this matter, but makes no other requests for relief.