United States District Court, E.D. California
SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE
AMENDED COMPLAINT, (ECF No. 1) THIRTY-DAY DEADLINE
Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE
Demeka Eugene Moore (“Plaintiff”) is a former
state prisoner proceeding pro se and in forma pauperis in
this civil rights action under 42 U.S.C. § 1983.
Plaintiff initiated this action while incarcerated.
Plaintiff's complaint, filed on September 28, 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 former state prisoner. The events in the complaint are
alleged to have occurred while Plaintiff was at Owens Valley
awaiting transport to the Sierra Conservation Center.
Plaintiff names Correctional Officer R. Romero as the sole
alleges as follows:
On June 13, 2017 at CC #26 Owens Valley awaiting
transportation to S.C.C., I Eugene Moore was sexually
assaulted by C/O R. Romero who violated policy and procedures
& whose actions and miss-conduct further more were
degrading and abusive. C/O R. Romero on June 13, 2017, made
me take off all my clothing open my mouth wiggle my tongue
spread my anus apart with my fingers squat and cough
repeatedly while stating that I wasnt doing it correctly. C/O
R. Romero also inform me to pull back the forskin of my penis
I did so by showing and stating to C/O R. Romero that I did
not have forskin on my penis trying my best to comply. C/O R.
Romero inform me to lift up my nut sack then to repeat a
sweaping motion which I complied. C/O R. Romero befor or
after inform me to bend over as far as I can then to place my
fingers in my anus and spread it apart. I did this repeatedly
while C/O R. Romero used his flash light to look inside my
anus. I inform C/O R. Romero that I didnt feel comfortible
doing this C/O R. Romero stated for me not to disobey a
direct order. C/O R. Romero then placed his hand on my back
for me to bend over stating that I should hurry and get this
over with which I complied. I have metal rods threw my hip
and legs & one leg shorter than the other, foot drag,
screws in my ankle and wear permanent medical devices. I was
in pain trying to keep my balance.
(ECF No. 1 at p. 3) (unedited text).
asserts that Defendant Romero's unwelcome sexual
misconduct was humiliating and physically and mentally
painful. Plaintiff claims violations of the Fourth and Eighth
Amendments to the United States Constitution. As relief,
Plaintiff seeks compensatory damages in the amount of $3