United States District Court, E.D. California
SECOND SCREENING ORDER
ORDER DISMISSING FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM, WITH
LEAVE TO AMEND (Doc. 14.)
GARY S. AUSTIN, Magistrate Judge.
Kenthy Kyle Porter ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on May 28, 2013. (Doc. 1.) The Court screened the Complaint pursuant to 28 U.S.C. § 1915A and issued an order on October 17, 2013, dismissing the Complaint for failure to state a claim, with leave to amend. (Doc. 11.) On November 20, 2013, Plaintiff filed the First Amended Complaint, which is now before the court for screening. (Doc. 14.)
II. SCREENING REQUIREMENT
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 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." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint is required to 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, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc. , 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Iqbal 556 U.S. at 678. While factual allegations are accepted as true, legal conclusions are not. Id.
To state a viable claim for relief, Plaintiff must set forth sufficient factual allegations to state a plausible claim for relief. Iqbal , 556 U.S. at 678-79; Moss v. U.S. Secret Service , 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Id.
III. SUMMARY OF FIRST AMENDED COMPLAINT
Plaintiff is presently incarcerated at the California Substance Abuse Treatment Facility and State Prison (SATF) in Corcoran, California, in the custody of the California Department of Corrections and Rehabilitation (CDCR). The events at issue in the First Amended Complaint allegedly occurred at Kern Valley State Prison (KVSP) in Delano, California, when Plaintiff was incarcerated at there. Plaintiff names as defendants Martin Biter (Warden of KVSP) and Aaron Lane (Correctional Counselor I). Defendants were employed by the CDCR at the time of the events at issue. Plaintiff's factual allegations follow, in their entirety.
I requested the permission of my then correctional institution to use my Muslim-Religious name, and in fact for it to become my new legal name. I explained that my current name is offensive to me as it reflects my former state as a non-Muslim and that Islamicly ( sic ) my name represented a violation of sacred law. Namely, as this Plaintiff was legally adopted and the name "Porter" is that of my adoptive father. This violates the Islamic prohibition of claiming one as your father who in fact is not. I cannot even use my religious name in conjunction with my current legal name as CDCR policy prohibits the use of any other name by an inmate besides that which is legally recognized by both the State of California and the CDCR. My Islamic faith requires that I abandon every offensive name and the name "Kenthy Kyle Porter" is offensive to me religiously as it is the name which draws only negative [connotations] and memories of those who are familiar with it and who hear it. Further, it violates another religious precept in Islam that I only keep and refer to myself and others by the best or good names.
(First Amended Complaint at 3 ¶IV.) Plaintiff requests injunctive relief.
IV. PLAINTIFF'S CLAIMS
The Civil Rights Act under which this action was filed provides:
Every person who, under color of [state law]... subjects, or causes to be subjected, any citizen of the United States... to the deprivation of any rights, privileges, or immunities secured by the Constitution... shall be liable to the party injured in an ...