United States District Court, E.D. California
ORDER DISMISSING ACTION WITH LEAVE TO AMEND FOR
FAILURE TO STATE A CLAIM (ECF No. 1)
Michael Peralta, a state prisoner, is appearing pro se and in
forma pauperis in this civil rights action pursuant to 42
U.S.C. § 1983. Currently before the Court is
Plaintiff's complaint, filed on December 27, 2017.
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 “fail to state a claim on
which relief may be granted, ” or that “seek
monetary relief against a defendant who is immune from such
relief.” 28 U.S.C. § 1915(e)(2)(B).
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)).
Moreover, Plaintiff must demonstrate that each defendant
personally participated in the deprivation of Plaintiff's
rights. Jones v. Williams, 297 F.3d 930, 934 (9th
proceeding pro se in civil rights actions are entitled to
have their pleadings liberally construed and to have any
doubt resolved in their favor. Wilhelm v. Rotman,
680 F.3d 1113, 1121 (9th Cir. 2012) (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 678-79; Moss v. U.S. Secret Service, 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.
is an inmate in the custody of the California Department of
Corrections and Rehabilitation and is housed at the
California Men's Colony. Plaintiff alleges that he was
arrested by Fresno County Police Officers for domestic
violence sometime in 2016. (Compl. 3.) Upon his arrest,
Plaintiff informed the officers that he had a serious medical
condition that required medication that was in his home.
(Compl. 3.) The arresting officers did not get his medication
or note that he needed medication. (Compl. 3.)
informed jail officials and they neglected Plaintiff's
need and he suffered a major heart attack/stroke while he was
deprived of his medication. (Compl. 3.) Plaintiff brings this
action alleging violations of the First, Eighth, and
Fourteenth Amendments of the constitution seeking declaratory
relief and monetary damages. Plaintiff also seeks appointment
of counsel. (Compl. 3.)
reasons discussed below, Plaintiff's complaint fails to
state a cognizable claim for relief. Plaintiff shall be
granted an opportunity to file an amended complaint to cure
the deficiencies identified herein.
alleges that his rights under the First Amendment were
violated. The First Amendment provides for various freedoms
of expression such as speech, religion, assembly, petition,
etc. U.S. Const. amend. I. Plaintiff's complaint is
devoid of any allegations that would invoke the protections
of the First Amendment.