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Quiroga v. Youngblood

United States District Court, E.D. California

July 10, 2017

MONICO J. QUIROGA, Plaintiff,
v.
DONNY YOUNGBLOOD, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF THIS ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM (ECF No. 1.) FOURTEEN (14) DAY DEADLINE

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

         Findings and Recommendations

         Plaintiff Monico J. Quiroga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The complaint, filed on January 3, 2017, is currently before the Court for screening. (ECF No. 1.)

         I. Screening Requirement and Standard

         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, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (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, 129 S.Ct. at 1949 (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, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.

         II. Plaintiff's Allegations

         Plaintiff is currently incarcerated at High Desert State Prison in Susanville, California. The events in the complaint are alleged to have occurred at Kern County Jail. Plaintiff appears to name the following Defendants: (1) Donny Youngblood; (2) Sheriff Detention Deputy on duty the night of September 26, 2015 at Kern County Jail; and (3) the Kern County Sheriff's Department. The complaint states, in total, the following:

Sherifs Deputie's have a right and duty to intervene to prevent inmates from setting in motions forces that will cause their own deaths. A risk of suicide by an inmate is a serious medical need protected by the Eighth Amen. On 9/26/2015, an inmate at Central Receiving Fac. asked Sherif Detention Deputy on A.3.4 to place him on suicide watch how every Sheriff Deputie refused him that right and he hung his self to death. Where the harm at issue is a suicide, the second, subjective component of the claim requires a dual showing that the defendant: (1) subjectively knew the inmate was at substantial risk of committing suicide, (2) intentionally disregarded the risk. By Sherif Detention Deputy refuseing suicide watch to Pretrial Detainee causeing serious injury resulting in Death. Refer to Citizens Complaint and internal affairs interview conducted by Sherifs Entity of Kern County 1350 Norris Rd. Bakersfield CA 93308 on Sept. 26, 2015. I declare under penalty of perjury the foregoing is true and correct.

(ECF No. 1, p. 4-5.)

         Plaintiff prays for relief in the form of a preliminary injunction, monetary damages, and a declaratory judgement.

         III. Discussion

         Plaintiff is alleging a violation of another inmate's right. The privilege to proceed pro se is personal to the litigant and does not extend to other parties or entities. See Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008). Although a person who is not an attorney may appear pro se on his own behalf, see 28 U.S.C. § 1654, “he has no authority to appear ...


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