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Baity v. Palmer

United States District Court, N.D. California

July 9, 2019

CARL LEE BAITY, Plaintiff,
v.
J. PALMER; M. BOTELLO; C. KOENIG, Defendants.

          ORDER OF SERVICE

          WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

         INTRODUCTION

         Plaintiff, a former California state prisoner, filed this pro se civil rights case under 42 U.S.C. § 1983 alleging that prison officials violated his right to due process by failing to restore his time credits, which caused him to be imprisoned twelve days past his release date. He is granted leave to proceed in forma pauperis in a separate order. For the reasons discussed below, the complaint is ordered served upon defendants.

         ANALYSIS

         A. Standard of Review

         Federal 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 Cir. 1990).

         Federal 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.

         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 deprivation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

         B. Legal Claims

         When liberally construed, plaintiff's allegations that defendants Palmer and Botello improperly failed to restore his time credits, which caused him to be imprisoned for twelve days beyond his release date, and that defendant Koenig failed to properly train Palmer and Botello how to correctly restore time credits, state a cognizable claim against him for the violation of his right to due process.

         CONCLUSION

         For the reasons set out above, it is hereby ordered as follows:

1. The clerk shall issue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of this order upon defendant Correctional Counselor J. Palmer, Supervising Correctional Counselfor M. Botello, and Wardent C. Koenig at the California Training Facility in Soledad California. A courtesy copy of the complaint ...

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