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Gomez v. Gipson

United States District Court, E.D. California

June 17, 2016

GABRIEL GOMEZ, Plaintiff,
v.
C. GIPSON, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS RECOMMENDING ACTION PROCEED ON CLAIM FOR DAMAGES AGAINST DEFENDANT BORGES AND DISMISSING ALL OTHER FORMS OF RELIEF [ECF No. 18]

         Plaintiff Gabriel Gomez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff declined United States magistrate judge jurisdiction, and this matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         Currently before the Court is Plaintiff's first amended complaint, filed on May 26, 2016.

         I.

         RELEVANT BACKGROUND

         On February 2, 2016, the Court screened and dismissed Plaintiff's original complaint, with leave to amend, for failure to state a cognizable claim. (ECF No. 12.) After Plaintiff failed to file an amended complaint or otherwise respond to the Court's order within the thirty day time, Findings and Recommendations recommending dismissal of the action were issued on March 11, 2016. (ECF No. 13.)

         On April 19, 2016, the Court granted Plaintiff an extension of time to file objections to the Findings and Recommendations. (ECF No. 17.) In lieu of filing objections, Plaintiff filed an amended complaint on May 26, 2016. In light of the fact that Plaintiff filed an amended complaint, the Court vacated the Findings and Recommendation on June 16, 2016. (ECF No. 19.)

         II.

         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 "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." 28 U.S.C. § 1915(e)(2)(B).

         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, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. Iqbal, 556 U.S. at 676-677; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-1021 (9th Cir. 2010).

         Prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings liberally construed and to have any doubt resolved in their favor, but the pleading standard is now higher, Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012) (citations omitted), and to survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). The "sheer possibility that a defendant has acted unlawfully" is not sufficient, and "facts that are „merely consistent with' a defendant's liability" falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

         III.

         COMPLAINT ...


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