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Billy Ray Sha'nee Maldonado v. James Yates

February 26, 2013

BILLY RAY SHA'NEE MALDONADO,
PLAINTIFF,
v.
JAMES YATES, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM ECF No. 1 OBJECTIONS DUE WITHIN 14 DAYS

I. Background

Plaintiff Billy Ray Sha'Nee Maldonado ("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 May 29, 2012, Plaintiff filed his 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 2 claim upon which relief may be granted." Id. § 1915(e)(2)(B)(ii). 3

A complaint must contain "a short and plain statement of the claim showing that the pleader

4 is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but 5

"[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, 6 do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 7

U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a 8 claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). While factual 9 allegations are accepted as true, legal conclusions are not. Id.

II. Summary of Complaint

Plaintiff was incarcerated at Pleasant Valley State Prison ("PVSP") in Delano, California, where the events giving rise to this action occurred. Plaintiff names as Defendants warden James Yates, CDCR, and W. K. Myers, acting religious coordinator. Plaintiff also names J. Morgan, D. Foreman, and L. Harton, appeals coordinators.

Plaintiff alleges the following. Plaintiff complains that PVSP does not allow Plaintiff to attend more than one religious service at PVSP. Plaintiff complains that he has not attended Native American spiritual ceremonies, or Jewish ones. Plaintiff also complains that he is denied a Jewish kosher diet, which he contends is better for his health and mental disability.

Plaintiff contends a violation of the Free Exercise Clause of the First Amendment and denial of medical care in violation of the Eighth Amendment. Plaintiff requests as relief compensatory and punitive damages.

III. Analysis

A.First Amendment -- Free ...


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