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Cranford v. Dirige

United States District Court, E.D. California

April 7, 2017

ARCHIE CRANFORD, Plaintiff,
v.
TERESSITA DIRIGE, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF THIS ACTION (ECF No. 11)

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

         Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in this civil rights action. On December 16, 2016, the Court dismissed Plaintiff's first amended complaint with leave to amend. (ECF No. 10.) Plaintiff's second amended complaint, filed on January 6, 2017, is currently before the Court for screening pursuant to 28 U.S.C. § 1915. For the reasons discussed below, the Court will recommend that this action be dismissed for failure to state a claim, failure to comply with Federal Rule of Civil Procedure 8 and failure to obey a court order.

         I. Screening Requirement

         “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).

         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, 173 L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550.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. (quoting Twombly, 550 U.S. at 570). While factual allegations are accepted as true, legal conclusions are not. Id.

         II. Allegations in Second Amended Complaint

         Plaintiff names the following defendants: (1) Teressita Dirige; (2) Kathleen O' Brian; (3) Pam Ahlin; (4) Jessica C.; (5) Kim Wyatt; (6) Jessica Prown; (7) Samantha Perryman; (8) Stefeni Vally; (9) Lora Celis; (10) Ruth Muthima; (11) Audry King; (12) Earick James; and (13) Brandon Price.

         Plaintiff alleges as follows:

Now comes plaintiff which staes that each defendant is sued in there indivijual capacity and each acted on there owen acord plaintiff was standing in the unit medichion line whateing to receve his medichion when he as assalted by several fellow patients the assalt lasted about one minent the reason for the assalt was due to a complaint that plaintiff filed all defendants was made awaire of the assalting takeing place when the medichion room person sounded an alarm yet the acalt continued at this point all defendants where awaire of the event that was takeing place and took no action to help the plaintiff it is all defendants job to ateampt to help the plaintiff instud all stude and watched the plaintiff bee assalted.

(ECF No. 11, p. 1) (unedited text).

         III. Discussion

         A. Linkage Requirement

         The Civil Rights Act under which this action was filed provides:

Every person who, under color of [state law] ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution ... shall be liable to the party injured in an action ...

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