Quair v. San Mateo County Jail ( 2020 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 DAVID S QUAIR, Case No. 19-cv-08421-JD 5 Plaintiff, ORDER OF DISMISSAL v. 6 7 GAVIN NEWSOM, et al., Defendants. 8 9 10 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The 11 original complaint was dismissed with leave to amend and plaintiff has filed an amended 12 complaint. 13 DISCUSSION 14 STANDARD OF REVIEW 15 Federal courts must engage in a preliminary screening of cases in which prisoners seek 16 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 17 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 18 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 19 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 20 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 21 Cir. 1990). 22 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 23 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 24 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 25 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 26 cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above 27 the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations 1 face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face” 2 || standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 3 must be supported by factual allegations. When there are well-pleaded factual allegations, a court 4 || should assume their veracity and then determine whether they plausibly give rise to an entitlement 5 to relief.” Ashcroft v. Igbal, 556 U.S. 662, 679 (2009). 6 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by 7 the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 8 committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). 9 LEGAL CLAIMS In the original complaint, plaintiff sought to make out a variety of claims concerning the 10 || conditions of his incarceration. The Court noted that all of plaintiff's claims lacked any factual allegations to support them, and so were not plausible claims. Plaintiff was provided an 11 opportunity to amend to state with facts how specific defendants violated his constitutional rights. The amended complaint did not do that. Plaintiff again alleges in a conclusory fashion that 12 his conviction and conditions of confinement have resulted in the disregard for his life, liberty, health and safety. Plaintiff provides no facts or details, and fails to identify the actions of any 13 specific defendant. These barebones allegations are not enough to proceed with this case. Because plaintiff 14 || has already been provided leave to amend and failed to address the shortcomings spelled out by the Court, further leave to amend is not warranted. The complaint is DISMISSED with prejudice 15 || for failure to state a claim. 16 IT IS SO ORDERED. = 17 Dated: March 9, 2020 Z 18 19 JAME ATO 20 United $fates District Judge 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 DAVID S QUAIR, 4 Case No. 19-cv-08421-JD Plaintiff, 5 ‘ Vv. CERTIFICATE OF SERVICE 5 GAVIN NEWSOM, et al., Defendants. 8 9 . . . I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 That on March 9, 2020, ISERVED a true and correct copy(ies) of the attached, by placing 13 = said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. Q 16 = 17 || David S Quair ID: BG0478 North Kern State Prison Z 18 Facility D P.O. Box 5005 19 Delano, CA 93216-0567 20 21 Dated: March 9, 2020 22 23 Susan Y. Soong Clerk, United States District Court 25 26 By: Z ao Ll. LISA CLARK, Deputy Clerk to the Honorable JAMES DONATO 28