United States District Court, E.D. California
Gregory Leonard Gonzalez, Plaintiff, Pro se, Fresno, CA.
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
Dennis L. Beck, UNITED STATES MAGISTRATE JUDGE.
Plaintiff Gregory Leonard Gonzalez (" Plaintiff") is an inmate in the Fresno County Jail proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 13, 2014. He names the Fresno County Jail, Fresno County Sheriff Margaret Mims, and the Fresno County Jail Medical Staff as Defendants.
A. SCREENING STANDARD
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, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell A. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (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. FACTUAL ALLEGATIONS
Plaintiff is currently incarcerated at the Fresno County Jail, where the events at issue occurred.
Plaintiff alleges that between May 22, 2014, and May 24, 2014, three inmates were assaulted " in a 12 man minimum security housing." ECF No. 1, at 4. Rather than Classification investigating the problem, the inmates were moved.
Plaintiff states that he is in protective custody. On May 25, 2014, Plaintiff was assaulted in the same housing unit and received lacerations from a razorblade. Plaintiff contends that the Fresno County Jail and Defendant Mims failed to properly and safely house him, which caused a dangerous environment.
Plaintiff also alleges that overcrowding created unsafe housing conditions.
On May 25, 2014, Plaintiff received stitches to his face. His head hit the bars and he complained about face pain, but he did not receive x-rays or medication for two and one-half days. Plaintiff was never transported to a hospital, and he argues that the Fresno County Jail is not adequately supplied to treat ...