United States District Court, E.D. California
ORDER SEVERING AND TRANSFERRING CLAIMS FOR LACK OF
VENUE, AND DISMISSING REMAINING CLAIM FOR FAILURE TO STATE A
COGNIZABLE CLAIM FOR RELIEF [ECF NO. 12]
LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE
Tevin Lee Harris is appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
before the Court is Plaintiffs second amended complaint,
filed August 14, 2019.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The Court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally "frivolous
or malicious," that "fails to state a claim on
which relief may be granted," or that "seeks
monetary relief against a defendant who is immune from such
relief." 28 U.S.C. § 1915(e)(2)(B).
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)). Plaintiff must
demonstrate that each named defendant personally participated
in the deprivation of his rights. Iqbal, 556 U.S. at
676-677; Simmons v. Navajo County, Ariz., 609 F.3d
1011, 1020-1021 (9th Cir. 2010).
proceeding pro se in civil rights actions are still entitled
to have their pleadings liberally construed and to have any
doubt resolved in their favor, but the pleading standard is
now higher, Wilhelm v. Rotman, 680 F.3d 1113, 1121
(9th Cir. 2012) (citations omitted), and to survive
screening, Plaintiffs 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. Ashcroft v. Iqbal, 556 U.S.
at 678-79; Moss v. U.S. Secret Serv, 572 F.3d 962,
969 (9th Cir. 2009). The "sheer possibility that a
defendant has acted unlawfully" is not sufficient, and
"facts that are 'merely consistent with' a
defendant's liability" falls short of satisfying the
plausibility standard. Ashcroft v. Iqbal, 556 U.S.
at 678; Moss v. U.S. Secret Serv, 572 F.3d at 969.
was forced to be housed in hazardous and inhumane conditions
from February to August 2018. During this time, Plaintiff
showed signs of mental illness, psychosis, and depression.
Due to, but not limited to, the constant cell and tier fires,
smoke inhalation, unprotected contact with other inmate's
feces and blood, urinated toilet water, flooding, and
contamination, Plaintiffs mental health began to deteriorate.
Appeal Log No. SAC-HC-18000779, dated February 4, 2018,
demonstrates that he notified officials of his concerns
regarding his mental health treatment and living conditions.
Plaintiff further contends that Appeal Log No.
SAC-P-18-01227, dated March 21, 2018, provides Plaintiff
notified officials about the inhumane housing conditions and
excessive force. Plaintiff contends that Appeal Log No.
SAC-P-18-01644 proves he notified officials had knowledge of
his concerns and failed to intervene. Plaintiff contends
Appeal Log No. SAC-P-18-01409 also expressed concern
regarding the conditions. Plaintiffs Appeal Log No.
SAC-P-18-02793 proves that the Defendants were made aware of
Plaintiff s pain and suffering, deterioration of his mental
health, emotional distress, request for professional help,
and request for mental and medical treatment. Appeal Log No.
SAC-HC-18001062 provided notice regarding Plaintiffs medical
and mental health treatment needs. Plaintiffs Health Care
Services Request Form No. 6246670 was known to Defendants as
it was attached to Appeal Log No. SAC-HC-18001062, in which
Plaintiff described dysfunctional and suicidal behavior.
Lastly, Appeal Log No. COR-HC-1900270 proves Plaintiffs
claims against Defendants Kristin Kyle and Sergeant Burnes.
seeks monetary damages ...