United States District Court, E.D. California
FINDINGS & RECOMMENDATION TO DISMISS ACTION WITHOUT
PREJUDICE (ECF NO. 8) FOURTEEN-DAY OBJECTION PERIOD
MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se in a civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff's
complaint was previously dismissed with leave to amend for
failure to state a claim. (ECF Nos. 1, 7.) Before the Court
for screening is Plaintiff's First Amended Complaint.
(ECF No. 8.)
forma pauperis statute provides, "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).
1983 "provides a cause of action for the deprivation of
any rights, privileges, or immunities secured by the
Constitution and laws of the United States." Wilder
v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990)
(quoting 42 U.S.C. § 1983). Section 1983 is not itself a
source of substantive rights, but merely provides a method
for vindicating federal rights conferred elsewhere.
Graham v. Connor, 490 U.S. 386, 393-94 (1989).
state a claim under § 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. See West v.
Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda
Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
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 set
forth "sufficient factual matter, accepted as true, to
state a claim to relief that is plausible on its face."
Id. Facial plausibility demands more than the mere
possibility that a defendant committed misconduct and, while
factual allegations are accepted as true, legal conclusions
are not. Id. at 677-78.
relevant times Plaintiff was an inmate housed at California
Substance Abuse Treatment Facility ("CSATF") in
Corcoran, California. He names the following CSATF
correctional staff as Defendants: Correctional Officer
("CO") D. Chavez and Correctional Lieutenant
("Lt.") S. Deathriage.
claims can be summarized essentially as follows:
September 10, 2015, in the middle of a staph infection
outbreak at CSATF, Plaintiff cleaned the area around his bunk
in a shared dorm. CO Chavez came to inspect the area and then
later called Plaintiff into the building's main office
where she directed Plaintiff to sign a document authorizing
the removal of funds in the amount of $22.11 from
Plaintiff's trust account. This withdrawal was for the
alleged destruction or damage of certain items, including
sheets, a laundry bag, and a blue chambray shirt. Plaintiff
denies having destroyed or damaged any state-issued property.
When he refused to sign the document, CO Chavez threatened to
freeze Plaintiff's trust account and to issue a Rules
Violations Report ("RVR") for destruction of state
property. Plaintiff did not sign the document, and an RVR
September 23, 2015, a hearing was held on the RVR. Plaintiff
appeared at the hearing, presented testimony, and offered
evidence. The hearing officer, Lt. Deathriage, found
Plaintiff guilty after improperly relying on CO Chavez's
statements. Lt. Deathriage said, "How do I know you
didn't do it? You inmates think you know everything, you
don't know shit." Plaintiff was assessed a 60-day
loss of credit, a 90-day loss of privileges, and a
confiscation of Plaintiff's appliances.
receiving a final copy of the RVR on October 28, 2015,
Plaintiff filed an inmate appeal on November 10, 2015. Due to
delays caused by prison staff, ...