The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (Doc. 1).
Plaintiff is a state prisoner proceeding in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's complaint filed on April 29, 2011. (Doc. 1). As is required, the Court now screens the complaint and for the reasons set forth below, the Court ORDERS the matter be DISMISSED with leave to amend.
Under 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a case in which the plaintiff proceeds in forma pauperis if the court determines that the case "fails to state a claim on which relief may be granted" or is "frivolous." A claim is frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
General rules for pleading complaints are governed by the Federal
Rules of Civil Procedure. A
pleading stating a claim for relief must include a statement
affirming the court's jurisdiction, "a short 4 and plain statement of
the claim showing the pleader is entitled to relief; and . . . a
demand for the 5 relief sought, which may include relief in the
alternative or different types of relief." Fed. R. Civ. P. 6
8(a). The Federal Rules adopt a flexible pleading policy, and pro
sepleadings are held to "less 7 stringent standards" than pleadings by
attorneys. Haines v. Kerner, 404 U.S. 519, 521-21 (1972). 8
A complaint must give fair notice and state the elements of the
plaintiff's claim in a plain and
succinct manner. Jones v. Cmty Redevelopment Agency, 733 F.2d 646,
649 (9th Cir. 1984). The purpose of the complaint is to give the
defendant fair notice of the claims against him, and the grounds upon
which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506,
512 (2002). The Supreme Court noted,
Rule 8 does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement.
Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (internal quotation marks and citations omitted). Conclusory and vague allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). The Court clarified further,
[A] complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." [Citation]. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [Citation]. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a complaint pleads facts that are "merely consistent with" a defendant's liability, it "stops short of the line between possibility and plausibility of 'entitlement to relief.'
Iqbal, 129 S. Ct. at 1949 (citations omitted). When factual allegations are well-pled, a court should assume their truth and determine whether the facts would make the plaintiff entitled to relief; conclusions in the pleading are not entitled to the same assumption of truth. Id. The Court may grant leave to amend a complaint to the extent that deficiencies of the complaint can be cured by an amendment. Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc).
In order to sustain a cause of action under 42 U.S.C. § 1983, a
plaintiff must show (i) that he
suffered a violation of rights protected by the Constitution or
created by federal statute, and (ii) that 3 the violation was
proximately caused by a person acting under color of state law. See
Crumpton v. 4
Gates, 947 F.2d 1418, 1420 (9th Cir. 1991). The causation requirement
of § 1983 is satisfied only if a 5 plaintiff demonstrates that a
defendant did an affirmative act, participated in another's
affirmative act, 6 or omitted to perform an act which he was legally
required to do that caused the deprivation 7 complained of. Arnold v.
IBM, 637 F.2d 1350, 1355 (9th Cir. 1981) (quoting Johnson v. Duffy,
F.2d 740, 743-44 (9th Cir. 1978)). 9
Section 1983 of title 42 of the United States Code does not confer substantive rights; but instead provides "a method for vindicating federal rights elsewhere conferred." Albright v. Oliver, 510 U.S. ...