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Young v. Biter

United States District Court, E.D. California

April 21, 2017

HOWARD ALLEN YOUNG, Plaintiff,
v.
M. D. BITER, et al., Defendants.

          ORDER DISMSSING ACTION FOR FAILURE TO STATE A CLAIM

          BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE

         I. Screening Requirement and Standard

         Plaintiff Howard Allen Young (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 6). On December 9, 2016, the Court dismissed Plaintiff's second amended complaint with leave to amend. (ECF No. 31). Plaintiff's third amended complaint, filed on February 13, 2017, is currently before the Court for screening. (ECF No. 33).

         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 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (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).

         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 (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 (quotation marks omitted); Moss, 572 F.3d at 969.

         II. Plaintiff's Allegations

         Plaintiff is currently housed at Kern Valley State Prison, where the events in the complaint are alleged to have occurred. Plaintiff names the following defendants: (1) Lieutenant Gutierrez; (2) Sergeant Melvin; and (3) Captain Henderson.

         In Claim 1, Plaintiff alleges as follows:

Plaintiff was wrongfully denied yard/exercise for (90) ninety days by Lt Gutierrez. [¶] Plaintiff was wrongfully denied personal property including tennis shoes for (90) ninety days, which Plaintiff required for foot problem (medical), which were subsequently never returned to Plaintiff, causing Plaintiff medical problems, based on instructions by Capt Henderson and Lt. [Gutierrez].

(ECF No. 33, p. 3)

         In Claim 2, Plaintiff alleges:

SGT Melvin wrongfully denied Petitioner visitation from out-of-state family members then threatened Petitioner with RVR rules violation for manipulating staff for Petitioner seeking compensation for monies spent by family members to travel to California and ...

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