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Symon v. Wohler

United States District Court, E.D. California

June 25, 2014

RAMON SYMON, Plaintiff,
v.
JOHN WOHLER, et al., Defendants.

ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR EXPEDITED RELIEF, GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS, AND DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF Nos. 1, 2, 3)

STANLEY A. BOONE, Magistrate Judge.

On June 17, 2014, Plaintiff Ramon Symon, proceeding pro se, filed a complaint in this civil rights action pursuant to 42 U.S.C. § 1983, a motion for expedited relief, and an application to proceed in forma pauperis.

Plaintiff's motion for expedited relief requests that this action be heard within three working days. The Court grants in part Plaintiff's request and shall screen Plaintiff's complaint. Plaintiff is advised that the Court screens complaints in the order in which they are received and any amended complaint will be screened in due time.

I.

SCREENING REQUIREMENT

Pursuant to 28 U.S.C. § 1915(e)(2), the Court must dismiss a case if at any time the Court determines that the complaint fails to state a claim upon which relief may be granted. In determining whether a complaint fails to state a claim, the Court uses the same pleading standard used under Federal Rule of Civil Procedure 8(a). 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)).

"[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Iqbal , 556 U.S. at 678 (quoting Twombly , 550 U.S. at 570). "[A] complaint [that] pleads facts that are merely consistent with' a defendant's liability... stops short of the line between possibility and plausibility of entitlement to relief.'" Iqbal , 556 U.S. at 678 (quoting Twombly , 550 U.S. at 557). Further, although a court must accept as true all factual allegations contained in a complaint, a court need not accept a plaintiff's legal conclusions as true. Iqbal , 556 U.S. at 678.

II.

COMPLAINT ALLEGATIONS

Plaintiff alleges a violation of the Fourth Amendment due to his arrest on June 3, 2014 by Defendant Wholer on violations of California Penal Code sections 368(b)(1), [1] 72, [2] 487, [3] and 182(a)(4);[4] and Welfare and Institutions Code section 10980(c)[5] and(g).[6] (Compl. ¶ 11, ECF No. 1; Booking Register attached to Compl at 9, 10.) Plaintiff contends that he had just withdrawn his Social Security/Retirement Disability allotment and had cash totaling $1, 054.00 on his person. ( Id. at ¶ 1, 3.) Defendant Wholer confiscated Plaintiff's cash and informed him that it is being held as evidence. ( Id. at ¶ 4.)

Plaintiff was released from jail on June 5, 2014, with no current charges pending against him, and when he requested his money back he was informed that he needed to talk to Defendant Wohler. ( Id. at ¶¶ 12, 13.) Plaintiff claims that Defendant Wohler told him, "I run Modesto and you can tel [sic] that [expletive] the President I dont [sic] care who you tell." ( Id. at ¶ 14.)

Plaintiff states that Defendant Wohler has stalked him and "intimidated everyone [he] is associated with", even going to his church and threatening to take church members to jail if they help Plaintiff. ( Id. at ¶ 14.) Plaintiff is seeking to have his cash returned to him and monetary damages.

III.

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