United States District Court, E.D. California
LANCE L. BROWN, Plaintiff,
R. GODWIN, Defendant.
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding without counsel in an action
brought under 42 U.S.C. § 1983. In addition to filing a
complaint (ECF No. 4), plaintiff has filed an application to
proceed in forma pauperis under 28 U.S.C. § 1915. ECF
Application to Proceed In Forma Pauperis
application makes the showing required by 28 U.S.C. §
1915(a)(1) and (2). Accordingly, by separate order, the court
directs the agency having custody of plaintiff to collect and
forward the appropriate monthly payments for the filing fee
as set forth in 28 U.S.C. § 1915(b)(1) and (2).
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 upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
“is [legally] frivolous where it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989); Franklin v.
Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984).
“[A] judge may dismiss [in forma pauperis] claims which
are based on indisputably meritless legal theories or whose
factual contentions are clearly baseless.” Jackson
v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989) (citation
and internal quotations omitted), superseded by statute
on other grounds as stated in Lopez v. Smith, 203 F.3d
1122, 1130 (9th Cir. 2000); Neitzke, 490 U.S. at
327. The critical inquiry is whether a constitutional claim,
however inartfully pleaded, has an arguable legal and factual
Rule of Civil Procedure 8(a)(2) requires only ‘a short
and plain statement of the claim showing that the pleader is
entitled to relief, ' in order to ‘give the
defendant fair notice of what the . . . claim is and the
grounds upon which it rests.'” Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 555 (2007) (alteration in
original) (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)). However, in order to survive dismissal for failure
to state a claim, a complaint must contain more than “a
formulaic recitation of the elements of a cause of
action;” it must contain factual allegations sufficient
“to raise a right to relief above the speculative
level.” Id. (citations omitted). “[T]he
pleading must contain something more . . . than . . . a
statement of facts that merely creates a suspicion [of] a
legally cognizable right of action.” Id.
(alteration in original) (quoting 5 Charles Alan Wright &
Arthur R. Miller, Federal Practice and Procedure §1216
(3d ed. 2004)).
complaint must contain sufficient factual matter, accepted as
true, to ‘state a claim to relief that is plausible on
its face.'” Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (quoting Bell Atl. Corp., 550 U.S.
at 570). “A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. (citing
Bell Atl. Corp., 550 U.S. at 556). In reviewing a
complaint under this standard, the court must accept as true
the allegations of the complaint in question, Hospital
Bldg. Co. v. Rex Hosp. Trs., 425 U.S. 738, 740 (1976),
as well as construe the pleading in the light most favorable
to the plaintiff and resolve all doubts in the
plaintiff's favor, Jenkins v. McKeithen, 395
U.S. 411, 421 (1969).
alleges that, on March 10, 2015, he acted on an order from
his work supervisor and entered a store room where inmate
clothing was kept. ECF No. 4 at 3. He claims that defendant
learned of his incursion into the room and, rather than
confronting him about it, elected to “thrash”
plaintiff's cell while plaintiff was at pill call.
Id. at 4. Defendant allegedly left plaintiff's
cell in a state of “utter disarray” with personal
property strewn across the floor. Id.
returning to his cell, plaintiff confronted defendant.
Id. He asked why his cell had been violently
searched and defendant indicated that she was displeased that
plaintiff had entered the store room without her permission.
Id. The two argued and defendant eventually accused
plaintiff of threatening her. Id. Plaintiff claims
that he was assessed a false disciplinary violation based on
this exchange. Id.
court has reviewed these claims and, for the reasons stated
below, finds that neither is cognizable.