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Deen v. S.R. Albritton

United States District Court, N.D. California

July 6, 2016

TA'LIB DEEN (aka) ANDRE LAMONT BATTEN, Plaintiff,
v.
ASSOCIATE WARDEN S. R. ALBRITTON, et al., Defendants.

          ORDER OF SERVICE

          Donna M. Ryu United States District Judge

         I. INTRODUCTION

         Plaintiff, 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.

         Plaintiff has consented to magistrate judge jurisdiction. Dkt. 1 at 4. Therefore, this matter has been assigned to the undersigned Magistrate Judge.

         In his complaint, Plaintiff names the following Defendants at SQSP: Associate Warden S.R. Albritton and Correctional Lt. R. Kluger. Plaintiff seeks injunctive relief and monetary damages.

         His motion for leave to proceed in forma pauperis will be granted in a separate written Order.

         Venue 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. § 1391(b).

         For the reasons stated below, the court orders service upon Defendants, and directs all Defendants to file a dispositive motion or notice regarding such motion.

         II. DISCUSSION

         A. Standard of Review

         A 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).

         To 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).

         B. Legal Claims

         As 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 ...


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