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Reed v. Boim

United States District Court, E.D. California

September 26, 2014

THOMAS REED, Plaintiff,
v.
M. BOIM, individual and official capacity, et al., Defendants.

ORDER GRANTING IFP AND DISMISSING COMPLAINT WITH LEAVE TO AMEND

EDMUND F. BRENNAN, Magistrate Judge.

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Proposed Findings and Recommendations were previously filed recommending that this action be dismissed due to plaintiff failure to either pay the filing fee or submit a proper application for leave to proceed in forma pauperis. ECF No. 19. Thereafter, plaintiff filed a proper application. Accordingly, the findings and recommendations (ECF No. 19) are vacated and the court will now screen plaintiff's complaint pursuant to 28 U.S.C. § 1915A.

Additionally, plaintiff has also filed a "motion to transfer" this action to San Diego. ECF No. 18.

For the reasons set forth below, the complaint must be dismissed with leave to amend and the motion to transfer must be denied.

I. Request to Proceed In Forma Pauperis

Plaintiff's application to proceed in forma pauperis makes the showing required by 28 U.S.C. § 1915(a)(1) and (2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).

II. Screening Requirement and Standards

Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint "is frivolous, malicious, or fails to state a claim upon which relief may be granted, " or "seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b).

A pro se plaintiff, like other litigants, must satisfy the pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure. Rule 8(a)(2) "requires a complaint to include a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 554, 562-563 (2007) (citing Conley v. Gibson, 355 U.S. 41 (1957)). While the complaint must comply with the "short and plain statement" requirements of Rule 8, its allegations must also include the specificity required by Twombly and Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).

To avoid dismissal for failure to state a claim a complaint must contain more than "naked assertions, " "labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Twombly, 550 U.S. at 555-557. In other words, "[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. at 1949.

Furthermore, a claim upon which the court can grant relief must have facial plausibility. Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S.Ct. at 1949. When considering whether a complaint states a claim upon which relief can be granted, the court must accept the allegations as true, Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007), and construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).

III. Screening Order

Plaintiff names in the caption of the complaint only defendant M. Boim. ECF No. 14. However, in the body of the complaint he includes allegations as to "S. Cohn, " "M. Boim, " and "Officer Franklin, " all correctional officers at High Desert State Prison, as defendants. Id. at 2 & 3. The complaint makes vague and conclusory allegations that "defendants" encouraged their "fellow ...


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