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Dwayne Lucas v. D. Tartaglia

November 29, 2012

DWAYNE LUCAS,
PLAINTIFF,
v.
D. TARTAGLIA, ET AL., DEFENDANTS.



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

ORDER CONSOLIDATING CIVIL CASE NO. 1:12-cv-01830-MJS WITH RELATED AND PREVIOUSLY FILED CIVIL CASE NO. 1:12-cv-01804-GBC (ECF No. 1) SCREENING ORDER

I. PROCEDURAL HISTORY

On November 8, 2012, Plaintiff Dwayne Lucas, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (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

The Complaint names the following Kern Valley State Prison (KVSP) officials as Defendants: (1) D. Tartaglia, Librarian; (2) N. Olsen, Senior Librarian; and (3) Thompson, Library Officer.

Plaintiff alleges the following:

On April 1, 2012, Plaintiff received notification of a pending April 19, 2012, deadline in a legal matter he was pursuing. Plaintiff filed numerous library access requests and was granted Priority Library User status on April 11, 2012, but was only called to the library twice prior to the week of the deadline. The library access was inadequate and resulted in an unfavorable decision in his legal proceeding. The Defendants failed to ensure that Plaintiff received sufficient access to library resources. (Compl. at 3, 4.)

IV. ANALYSIS

A. Section 1983

To state a claim under Section 1983, a plaintiff must allege two essential elements:

(1) that a right secured by the Constitution or laws of the United ...


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