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Revis v. Jarvis

United States District Court, E.D. California

August 13, 2014

ANDRE L. REVIS, Plaintiff,
v.
E. JARVIS, et al., Defendants.

FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND

DENNIS L. BECK, Magistrate Judge.

Plaintiff Andre L. Revis ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 28 U.S.C. § 1983. Plaintiff filed this action in the Kings County Superior Court on April 16, 2013. On July 29, 2013, Defendants C. Barnett, T. Campbell, K. Cribbs, D. Hernandez, E. Jarvis, S. Johnson and S. Torres paid the filing fee and removed the action to this Court.

On February 7, 2014, the Court screened Plaintiff's complaint and dismissed it with leave to amend. Plaintiff filed his First Amended Complaint on March 3, 2014. He names R. Davis, S. Johnson, D.R. Hernandez, C. Barnett, T. Campbell, K. Cribbs, S. Torres and John/Dane Doe as Defendants.

A. 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 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 , 129 S.Ct. 1937, 1949 (2009) (citing Bell Atl. 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.'" Id . (quoting Twombly , 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

Section 1983 provides a cause of action for the violation of Plaintiff's constitutional or other federal rights by persons acting under color of state law. Nurre v. Whitehead , 580 F.3d 1087, 1092 (9th Cir 2009); Long v. County of Los Angeles , 442 F.3d 1178, 1185 (9th Cir. 2006); Jones v. Williams , 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff's allegations must link the actions or omissions of each named defendant to a violation of his rights; there is no respondeat superior liability under section 1983. Iqbal, 556 U.S. at 676-77; Simmons v. Navajo County, Ariz. , 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton , 588 F.3d 1218, 1235 (9th Cir. 2009); Jones , 297 F.3d at 934. Plaintiff must present factual allegations sufficient 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. Iqbal, 556 U.S. at 678; Moss , 572 F.3d at 969.

B. SUMMARY OF PLAINTIFF'S ALLEGATIONS

Plaintiff is currently incarcerated at the California Substance Abuse Treatment Facility in Corcoran, California, where the events at issued occurred.

On January 3, 2011, Plaintiff was instructed to sign the Property Inventory Receipt. He signed the form under duress so that he could receive necessities and health care items.

On August 5, 2011, Plaintiff was given another property form. He requested that his excess personal property be mailed to an address he provided.

On August 11, 2011, Plaintiff attempted to recover his personal property after custody staff failed to adequately list his personal property. Plaintiff refused to sign the property inventory receipt.

On August 25 and September 21, 2011, Defendant Torres responded to Plaintiff's appeal by attaching a rejection notice. Plaintiff contends that he made the necessary corrections, but his appeal was ...


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