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Penilton v. Spearman

United States District Court, N.D. California

May 24, 2017

WILLIE B. PENILTON, Plaintiff,
v.
M.E. SPEARMAN, et al., Defendants.

          ORDER OF SERVICE; ORDER DIRECTING DEFENDANTS TO FILE A DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION; INSTRUCTIONS TO CLERK DKT. NO. 13

          JOSEPH C. SPERO Chief Magistrate Judge

         INTRODUCTION

         Plaintiff, a California state prisoner proceeding pro se, filed this federal civil rights action under 42 U.S.C. § 1983 in which he alleges that defendants violated his Eighth Amendment rights by failing to maintain sanitary conditions at the pill dispensary at Correctional Training Facility in Soledad. The original complaint was dismissed with leave to amend because it failed to state any claim for relief.

         His second amended complaint, the subject of this order, appears, under the liberal pleading standards for pro se complaints, to state claims for relief. Defendants are directed to file a dispositive motion, or notice regarding such motion, in response to the operative complaint on or before September 4, 2017.

         DISCUSSION

         A. Standard of Review

         In its initial review of this pro se complaint, this Court must dismiss any claim that is frivolous or malicious, or fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. § 1915(e). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988).

         A “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 Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “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. (quoting Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994).

         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. See West v. Atkins, 487 U.S. 42, 48 (1988).

         B. Legal Claims

         Plaintiff alleges his jailors at Correctional Training Facility made him wait in cold and unsanitary conditions for his medications. More specifically, he alleges that from November 2015 to February 2016, he was made to wait for 30 to 90 minutes for his medications in a line outside during wet, cold weather. Not only was it wet and cold, but it was also unsanitary. Inmates who need to inject medications leave blood spots “everywhere, ” and birds perched above defecate.

         Constrained by the liberal pleading standards for pro se complaints, the Court cannot say that plaintiff has failed to state claims for relief. Accordingly, the Court will allow service of this claim.

         CONCLUSION

         For the foregoing reasons, the Court orders as follows: 1. The Clerk of the Court shall issue summons and a Magistrate Judge jurisdiction consent form and the United States Marshal shall serve these forms, without prepayment of fees, along with a copy of the operative complaint in this matter (Dkt. No. 10), all attachments thereto, and a copy of this order upon M. E. Spearman, the warden of the Correctional Training Facility in Soledad, and Gerald Ellis, who is the chief executive officer at the same ...


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