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James Cato, Jr v. Director of Corrections and Rehabilitation

November 29, 2012

JAMES CATO, JR.,
PLAINTIFF,
v.
DIRECTOR OF CORRECTIONS AND REHABILITATION, 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

SCREENING ORDER

I. PROCEDURAL HISTORY

On August 16, 2012, Plaintiff James Cato, Jr., 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 individuals as Defendants: (1) Director of Corrections and Rehabilitation; (2) K. Nash, Correctional Captain, Pleasant Valley State Prison (PVSP); and (3) W. Brumbaugh, Correctional Officer, PVSP.

Plaintiff alleges the following:

The Director of the California Department of Corrections and Rehabilitation (CDCR) has promulgated and enforced California Code of Regulations, title 15, section 3006 (c)(15)(A), which prohibits inmates from possessing obscene material. (Compl. at 2, 3.) On August 20, 2008 and March 12, 2009, Defendant "Nash authorized the confiscation of Plaintiff's mail." (Id. at 3.) On May 26, 2009, Defendant Brumbaugh confiscated a package sent to Plaintiff that contained four "musical discs." (Id.)

Plaintiff contends that each Defendant violated his First Amendment ...


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