United States District Court, E.D. California
SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE
AMENDED COMPLAINT (ECF NO. 1)
BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE
Anthony Coleman (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis in this civil rights
action under 42 U.S.C. § 1983. Plaintiff's
complaint, filed on September 25, 2017, is currently before
the Court for screening. (ECF No. 1.)
Screening Requirement and Standard
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. §§
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).
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. U.S. Secret
Serv., 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.
is currently housed at Pleasant Valley State Prison
(“PVSP”) in Coalinga, California, where the
events in the complaint are alleged to have occurred.
Plaintiff names the following defendants: (1) Warden Scott
Frauenheim; (2) Secretary Scott Kernan, California Department
of Corrections and Rehabilitation (“CDCR”); (3)
Mike Rainwater, PVSP Correctional Plant Manager II; (4) A. S.
Munoz, PVSP Fire Chief; (5) Ifoema Ogbuehi, PVSP Nurse
Practitioner; (6) L. Macias, PVSP Correctional Officer; (7)
A. Borders, PVSP Correctional Officer; and (8) W. Yang, PVSP
alleges that Defendants Kernan and Frauenheim have a duty to
house inmates in a safe living environment. Defendant
Rainwater and all other defendants were aware of leaking
ceilings that caused cell and general prison-area flooding
and roof damage, including mold. Defendants Rainwater and
Munoz received reports during the course of their duties of
leaking ceilings and flooding throughout PVSP and have
maintenance and repair logs.
further alleges that Facility Bravo Yard Education Department
was shut down due to ceiling leaks and excessive flooding.
Facility Charlie Yard Kitchen was shut down due to ceiling
leaks and roof damage. All buildings and housing units on
Bravo Yard leak, causing inmates to wake up to puddles of
water in their cells requiring serious clean-up procedures
during the rainy season.
January 12, 2017, while cell feeding due to the Bravo Yard
Kitchen being flooded with roof-leaking damages, Plaintiff
left his cell (Building 5, Cell 105) and slipped and fell in
a puddle of water from the leaking ceiling. No. “Wet
Floor” signs were posted. Plaintiff landed on his back
and left hip, causing injury at approximately 1705.
Macias, Borders, and Yang were the building officers and were
aware of the rain puddles from the ceiling leaks, but did
nothing to maintain a safe environment by ensuring the floors
were mopped before Plaintiff was released for his evening
Borders ensures that the building porters put up mops and
cleaning supplies, including “Wet Floor” signs at
1700 to 1830 to make sure that all of the cleaning supplies
are accounted for and then allows the inmate workers to make