United States District Court, N.D. California
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
an inmate at San Quentin State Prison (“SQSP”),
filed this civil rights action in state court against Jill
Lewis, a correctional officer at SQSP. Plaintiff was granted
leave to amend, and he has filed a timely amended complaint.
Standard of Review
courts must engage in a preliminary screening of cases in
which prisoners seek redress from a governmental entity or
officer or employee of a governmental entity. 28 U.S.C.
1915A(a). In its review the court must identify any
cognizable claims, and dismiss any claims which are
frivolous, malicious, fail to state a claim upon which relief
may be granted, or seek monetary relief from a defendant who
is immune from such relief. Id. at 1915A(b)(1), (2).
Pro se pleadings must be liberally construed. Balistreri
v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th
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." "Specific facts are not
necessary; the statement need only '"give the
defendant fair notice of what the . . . . claim is and the
grounds upon which it rests."'" Erickson v.
Pardus, 127 S.Ct. 2197, 2200 (2007) (citations omitted).
Although in order to state a claim a complaint “does
not need detailed factual allegations, . . . a
plaintiff's obligation to provide the 'grounds of his
'entitle[ment] to relief' requires more than labels
and conclusions, and a formulaic recitation of the elements
of a cause of action will not do. . . . Factual allegations
must be enough to raise a right to relief above the
speculative level." Bell Atlantic Corp. v.
Twombly, 127 S.Ct. 1955, 1964-65 (2007) (citations
omitted). A complaint must proffer "enough facts to
state a claim for relief that is plausible on its face."
Id. at 1974.
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 deprivation was committed by a person
acting under the color of state law. West v. Atkins,
487 U.S. 42, 48 (1988).
are four different pleadings on the docket that are called
“amended complaint” (ECF Nos. 25, 29-31). Docket
number 30 is the most complete and encompasses the
allegations included in the others. Therefore, docket number
30 is construed as the operative amended complaint. It is
noted that docket number 30 bears the wrong case number, but
the caption and contents make it clear that the pleading is
part of this case. Therefore, the Clerk shall change the case
number in the caption of docket number 30 to this case's
case number (C No. C 17-1180 WHA (Pr)).
allegations that defendant fired him from his prison job
based upon racial and gender bias, when liberally construed,
sufficiently state a cognizable claim for the violation of
his constitutional right to equal protection of the laws.
See Walker v. Gomez, 370 F.3d 969, 973 (9th Cir.
reasons set out above, it is hereby ordered as follows:
1. Defendant shall file an answer in
accordance with the Federal Rules of ...