United States District Court, N.D. California
ORDER OF SERVICE
M. Ryu United States District Judge
a state prisoner currently incarcerated at San Quentin State
Prison (“SQSP”), has filed a pro se
civil rights action pursuant to 42 U.S.C. § 1983,
alleging that prison officials at SQSP have refused to
provide him the opportunity to pray five times daily at
specified times as part of his Muslim religious beliefs, in
violation of his constitutional rights.
has consented to magistrate judge jurisdiction. Dkt. 1 at 4.
Therefore, this matter has been assigned to the undersigned
complaint, Plaintiff names the following Defendants at SQSP:
Associate Warden S.R. Albritton and Correctional Lt. R.
Kluger. Plaintiff seeks injunctive relief and monetary
motion for leave to proceed in forma pauperis will
be granted in a separate written Order.
is proper because certain events giving rise to the claims
are alleged to have occurred at SQSP, which is located in
this judicial district. See 28 U.S.C. §
reasons stated below, the court orders service upon
Defendants, and directs all Defendants to file a dispositive
motion or notice regarding such motion.
Standard of Review
federal court must conduct a preliminary screening in any
case in which a prisoner seeks redress from a governmental
entity or officer or employee of a governmental entity. 28
U.S.C. § 1915A(a). In its review, the court must
identify any cognizable claims and dismiss any claims that
are frivolous, malicious, fail to state a claim upon which
relief may be granted or seek monetary relief from a
defendant who is immune from such relief. Id. §
1915A(b)(1), (2). Pro se pleadings must be liberally
construed. Balistreri v. Pacifica Police
Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
state a claim under 42 U.S.C. § 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. West v. Atkins,
487 U.S. 42, 48 (1988).
mentioned above, Plaintiff is a practicing Muslim
incarcerated at SQSP. As part of his religious beliefs,
Plaintiff must pray five times daily at specified times:
specifically at Zhur (noon) and Asr (afternoon) prayer during
“opening dayroom” when all prisoners are allowed
to participate in recreational activities. By doing so,
Plaintiff believes that he will ...