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Beard v. Correctional Officer Pennington

United States District Court, N.D. California

November 26, 2014

ROBERT BEARD, Plaintiff,
v.
CORRECTIONAL OFFICER PENNINGTON, Defendant

Robert Beard, Plaintiff, Pro se, Represa, CA.

ORDER OF SERVICE

DONNA M. RYU, United States Magistrate Judge.

Plaintiff, who is currently incarcerated at the California State Prison - Sacramento, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983, alleging constitutional violations stemming from his previous incarceration at Salinas Valley State Prison (" SVSP").

Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned to the undersigned Magistrate Judge. Dkt. 5.

His motion for leave to proceed in forma pauperis will be granted in a separate written Order.

Venue is proper because the events giving rise to the claims are alleged to have occurred at SVSP, which is located in this judicial district. See 28 U.S.C. § 1391(b).

In his complaint, Plaintiff names SVSP Correctional Officer Pennington as well as several Doe Defendants, including " C/O John Doe, " " Bldg. A-4 Officers, " " 3rd Watch Medical Staff, " and " Cecil Doe." Dkt. 1 at 1, 9.[1] Plaintiff seeks monetary damages.

DISCUSSION

I. Standard of Review

A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. Id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988).

To state a claim under 42 U.S.C. § 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. West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988).

II. Legal Claims

A. Claim Against Defendant ...


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