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Lee Wendell Riels v. Kathleen Allison

April 6, 2013

LEE WENDELL RIELS, PLAINTIFF,
v.
KATHLEEN ALLISON, 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 Lee Wendell Riels ("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 August 13, 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 claim upon which relief may be granted." Id. § 1915(e)(2)(B)(ii). 2

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

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

"[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, 5 do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 6

U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a 7 claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570). While factual 8 allegations are accepted as true, legal conclusions are not. Id. 9

II. Summary of Complaint

Plaintiff was incarcerated at California Substance Treatment Facility ("SATF") in Corcoran,

California, where the events giving rise to this action occurred. Plaintiff names as Defendants: SATF warden Kathleen Allison, correctional sergeant Ibarra, and correctional officers Manson, Hulse, W. W. Williams, and Khamora.

Plaintiff alleges the following. On January 7, 2011, Plaintiff's power went off in his cell. Plaintiff informed Defendant Manson, who restored the power. On January 8, 2011, at 7:30 a.m., Plaintiff' power was off again. Plaintiff told officers Manson and Castellanos. Defendant Manson told Plaintiff that he was not turning Plaintiff's power back on again. At third watch, Plaintiff asked Defendant Khamora to restore the power so that Plaintiff can flush the toilet.*fn1 Defendant Khamora told Plaintiff it was not his problem. On January 9, 2011, both second and third watch staff refused to restore power. On January 10, 2011, Defendant Williams gave Plaintiff a bucket to use in flushing the toilet. When Plaintiff tried the bucket, he splashed waste onto both his legs.

Plaintiff attempted to address the issue with Defendant Hulse. Defendant Hulse told Plaintiff that Defendant Ibarra was aware of the situation. Defendant Hulse told Plaintiff that he did not care and that Plaintiff should not have blown the power out. On January 11, 2011, at 2:30 p.m., the power was restored. Plaintiff began to notice pimples appear on his leg, which were swollen and ...


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