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Martinez v. Harrell

United States District Court, E.D. California

July 11, 2019

GABRIEL MARTINEZ, Plaintiff,
v.
ARLAN HARRELL, Defendant.

          ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. No. 2) SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT (Doc. No. 1)

          Barbara A. McAuliffe United States Magistrate Judge.

         Plaintiff Gabriel Martinez[1] (“Plaintiff”), proceeding pro se, initiated this civil action against Arlan Harrell on July 8, 2019. (Doc. No. 1) Concurrent with his complaint, Plaintiff filed an application to proceed in forma pauperis. (Doc. No. 2.)

         I. Application to Proceed in Forma Pauperis

         Plaintiff has requested leave to proceed in forma pauperis pursuant to Title 28 of the United States Code section 1915(a). Plaintiff has made the showing required by section 1915(a), and accordingly, the request to proceed in forma pauperis is GRANTED. 28 U.S.C. § 1915(a).

         II. Screening Requirement and Standard

         The Court screens complaints brought by persons proceeding in pro se and in forma pauperis. 28 U.S.C. § 1915(e)(2). 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. § 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 (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).

         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 (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.

         III. Plaintiff's Allegations

         Plaintiff alleges as follows:

‘i', a “man” claim;
• Arlan did me wrong;
• Arlan is derelict of his duties;
• Arlan is a public servant; i'm the public; he refused to perform his service; he subscribed to; that he swore to; as he agreed ...

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