The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER DISMISSING PLAINTIFF'S COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM (ECF No. 1) AMENDED COMPLAINT DUE WITHIN THIRTY DAYS
On March 11, 2013, Plaintiff Fabrice Desbrosses ("Plaintiff"), an individual proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. §1983. (ECF No. 1.) Plaintiff appears to be a pretrial detainee. Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 4.) Plaintiff's Complaint is now before the Court for screening. (Compl., 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. 28 U.S.C. § 1915A(b)(1),(2).
"Notwithstanding any filing fee, or any portion thereof, that may have
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).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Iqbal, 556 U.S. at 678.
Plaintiff is incarcerated and is representing himself in this action. Under those circumstances, handwritten pleadings are acceptable and technical and other errors are not fatal. However, the pleading must be "clearly legible." Local Rule 130(b). Plaintiff's are not. The writing is badly smudged, there often are no spaces between words, and there is no spacing between lines. The Complaint is largely illegible.
Assuming Plaintiff chooses to amend and file a complaint which complies with this order, he must write legibly, leave a space between each word, double space his sentences, and avoid smearing the ink. Local Rule 130(c). The failure to do so will result in an order striking the amended complaint from the record.
B. 42 U.S.C. § 1983 Claims
42 U.S.C. § 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).
To state a claim under § 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 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
It appears Plaintiff's claims arise from events which occurred while he was housed at an unspecified location and transported to Kern Medical Center for treatment. Plaintiff appears to allege that while he was being transported on January 19, 2013, Defendants Short and Andrews assaulted him both verbally and physically. The Court will outline below the necessary criteria for ...