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Daniels v. Fresno County Jail

United States District Court, E.D. California

June 27, 2016

L.M. DANIELS, II Plaintiff,
v.
FRESNO COUNTY JAIL, et, Defendants.

          SCREENING ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1) THIRTY-DAY DEADLINE

          BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE

         I. Screening Requirement and Standard

         Plaintiff L.M. Daniels, II ("Plaintiff") is a former Fresno County inmate proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's complaint, filed on June 25, 2015, is currently before the Court for screening. Plaintiff consented to Magistrate Judge jurisdiction. (ECF No. 4)

         The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff's complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 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, 678, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).

         Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations omitted). 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, 129 S.Ct. at 1949 (quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.

         II. Plaintiff's Allegations

         At the time of the events in the Complaint, plaintiff was incarcerated in the Fresno County Jail. Plaintiff names the following defendants: (1) Fresno County Jail; (2) Sherriff Margaret M. Mims; (3) Officer Guiterrez; and (4) The Classification Department. Plaintiff alleges as follows:

         Plaintiff alleges that on about June 15, 2015, he told classification officers that he has been a victim of sexual and physical assault because of his "drop out" status and as a registered sex offender. He asked for single cell status but due to racial discrimination coupled with malice and unconcern, they transferred Plaintiff to a four man cell with active Crip and Asian boy gangs. Plaintiff alleges he told a female floor officer that he was in danger, she saw the hostile attitudes, but closed the door and walked away. Plaintiff alleges he was then hit, punched and thrown out of his wheel chair by gang members. He alleges he has only one leg and one hand and never fought back. Plaintiff requests as relief that Sheriff Mims be made aware of the incident, for Officer Guiterrez to be removed from the facility, removal of the Rule Violation Report and reinstate his loss of food time credits.

         III. Deficiencies of Complaint

         a. Federal Rule of Civil Procedure 8

         Pursuant to Federal Rule of Civil Procedure 8, 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). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.; see also Twombly, 550 U.S. at 556-557; Moss, 572 F.3d at 969.

         Plaintiff's complaint does not clearly set forth the factual allegations underlying his claims. Plaintiff fails to describe specific actions taken by the defendants named in his complaint that violated his constitutional rights. If Plaintiff elects to amend his complaint, he must set forth factual allegations against each named defendant sufficient to state a claim.

         b. ...


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