The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM WITH LEAVE TO AMEND ECF No. 1 RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Israel 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 August 15, 2012, Plaintiff filed his Complaint in the Northern District of California. The case was transferred to this Court on October 3, 2012, and is presently before the Court for screening. 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
Plaintiff is incarcerated at California Correctional Institution ("CCI") in Tehachapi, California, at the time these events occurred.*fn1 Plaintiff names as Defendants: the Facility 4A Building 8 staff, and J. Gonzales, A. Martinez, and R. Nicholas.
Plaintiff alleges the following. On July 22, 2012*fn2 , while walking back from visiting, an unknown officer holding Plaintiff's right bicep was talking crazy. Plaintiff asked him if he had a personal issue with Plaintiff. The officer stated that Plaintiff was his female dog, and was tired of Plaintiff asking to speak with a lieutenant. Plaintiff was then pushed for no reason into the building 8 sharp-edged door, and shoved a couple more times. Plaintiff asked him what the problem was. Plaintiff was then hit on his knee and fell to the floor and attacked. Plaintiff was shackled and handcuffed at the time. Plaintiff was strangled and slammed face first on the ground. Afterwards, Plaintiff was walked to a holding cell located in the dining hall. False reports were written regarding the incident.
Plaintiff had been previously cell-extracted on May 29, 2012, and medical staff did not report any injuries. Plaintiff refused to be seen by the doctor.
Plaintiff complains that he was not allowed to attend the law library on July 19, 2012. Plaintiff contends an Eighth Amendment violation and denial of access to the law library. Plaintiff requests as relief release from prison, and an investigation into his bank account number and being defrauded. Plaintiff also requests disciplinary action against the officers who wrote false 2 reports. 3
A. Improper Request for Relief
Plaintiff has requested release from prison. Release from prison can only be granted by 6 means of a habeas corpus action. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Plaintiff thus 7 fails to state a claim. ...