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White v. Sherman

United States District Court, E.D. California

May 1, 2015

DE'WANN WHITE, Plaintiff,
v.
STU SHERMAN, Warden, et al., Defendants.

DISMISSAL ORDER

RALPH R. BEISTLINE, District Judge.

De'Wann White, a California state prisoner appearing pro se and in forma pauperis, filed this Complaint under 42 U.S.C. § 1983 against various officials of the California Department of Corrections and Rehabilitation ("CDCR").[1] White's Complaint arises out of his incarceration at the California Substance Abuse Treatment Facility, Corcoran, California ("CSATF"). White is currently incarcerated at the Los Angeles County State Prison, Lancaster, California.

I. SCREENING REQUIREMENT

This Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity.[2] This Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious, " that "fails to state a claim on which relief may be granted, " or that "seeks monetary relief against a defendant who is immune from such relief."[3] Likewise, a prisoner must exhaust all administrative remedies as may be available, [4] irrespective of whether those administrative remedies provide for monetary relief.[5]

In determining whether a complaint states a claim, the Court looks to the pleading standard under Federal Rule of Civil Procedure 8(a). Under Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief."[6] "[T]he pleading standard Rule 8 announces does not require detailed factual allegations, ' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation."[7] Failure to state a claim under § 1915A incorporates the familiar standard applied in Federal Rule of Civil Procedure 12(b)(6), including the rule that complaints filed by pro se prisoners are to be liberally construed, affording the prisoner the benefit of any doubt, and dismissal should be granted only where it appears beyond doubt that the plaintiff can plead no facts in support of his claim that would entitle him or her to relief.[8]

This requires the presentation of factual allegations sufficient to state a plausible claim for relief.[9] "[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.'"[10] 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.[11] "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."[12]

In addition to its powers in screening complaints under 28 U.S.C. § 1915A(a), a trial court may dismiss a complaint for failure to state a claim sua sponte where it is obvious that the plaintiff cannot state a claim for relief.[13]

II. GRAVAMEN OF COMPLAINT

White's Complaint consists of 35 pages, including 17 pages of legal argument, to which is attached 282 pages of exhibits. In the ten-page "Statement of Claim, " White alleges in chronological order that he was:

September 11-19, 2013 - denied the use of a telephone and outdoor exercise;

September 30 through October 10, 2013 - confined to his cell between, without proper justification;

October 21-27, 2013 - confined to his cell and denied the opportunity to shower;

November 8 - 17, 2013 - denied the opportunity to shower;

November 25 through December 16, 2013 - denied outdoor exercise;

December 21, 2013, through February 8, 2014 - incarcerated in a cell without hot water;

February 10, 2014 - denied outdoor exercise and use of the day room;

February 17 - 20, 2014 - confined to his cell and denied a shower ...


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