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Gerardo Garcia v. Cdcr

November 30, 2012

GERARDO GARCIA,
PLAINTIFF,
v.
CDCR, ET AL.
DEFENDANTS.



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

ORDER DISMISSING PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A COGNIZABLE CLAIM (ECF No. 7) CLERK SHALL CLOSE CASE

Plaintiff Gerardo Garcia ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 5.)

Plaintiff initiated this action on July 25, 2012. (Compl., ECF No. 1.) The Court screened Plaintiff's Complaint and dismissed it, with leave to amend, for failure to state a claim. (ECF No. 6.) Plaintiff filed a First Amended Complaint on November 13, 2012. (Am. Compl., ECF No. 7.) Plaintiff's First Amended Complaint is currently before the Court for screening.

I. 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).

§ 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). § 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).

II. SUMMARY OF COMPLAINT

Plaintiff is currently incarcerated at California Correctional Institution in Tehachapi, California. Plaintiff was previously incarcerated at Kern Valley State Prison ("KVSP"), where the events alleged in his First Amended Complaint occurred. Plaintiff alleges that the following individuals conspired to place him in danger, thereby violating his rights under the Eighth Amendment: 1) E. Blanco, Chief Deputy Warden at KVSP, 2) O. Smith, CC2 at KVSP, 3) D. Goree, CC2 at KVSP, 4) Williams, Sergeant at KVSP, 5) R. Barrett, Sergeant at KVSP, 6) L. Kirby, Sergeant at KVSP, and 7) M. Jones, Sergeant at KVSP.

Plaintiff alleges as follows:

On June 14, 2011, Defendant Smith updated Plaintiff's CDCR Form 812 to indicate that inmate Gonzales, a documented enemy of Plaintiff, was no longer housed at KVSP even though he was still housed there. (Am. Compl. at 3-4.) Defendants Goree, Smith, Williams, Smith, Kirby, and Jones conspired to transfer Plaintiff to Facility C at KVSP, even though inmate Gonzales was still housed in this area. (Id. at 4.) After the transfer, Plaintiff fought inmate Gonzales and was placed in the Secured Housing Unit. (Id. at 5.)

Plaintiff asks for $25,000 in damages from each Defendant. (Am. Compl. at 3.)

III. ANALYSIS

A. 42 U.S.C. § 1983

To state a claim under 42 U.S.C. ยง 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 ...


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