Chavez Sol v. San Francisco County Jail Facility ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 SALVADOR ROLAND CHAVEZ SOL, Case No. 20-cv-01901-RMI 9 Plaintiff, ORDER OF DISMISSAL WITH LEAVE 10 v. TO AMEND 11 SAN FRANCISCO COUNTY JAIL Re: Dkt. No. 1 FACILITY, 12 Defendant. 13 14 Plaintiff, a detainee, filed a pro se civil rights complaint under 42 U.S.C. § 1983. He has 15 been granted leave to proceed in forma pauperis (dkt. 5) and has consented to the jurisdiction of a 16 Magistrate Judge (dkt. 4). 17 DISCUSSION 18 Standard of Review 19 Federal courts must engage in a preliminary screening of cases in which prisoners seek 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 21 1915A(a). In its review, the court must identify any cognizable claims, and dismiss any claims 22 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 23 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 24 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 25 Cir. 1990). 26 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 27 claim showing that the pleader is entitled to relief. Specific facts are not necessary; the statement 1 rests.’”” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citations omitted). Although in order to state 2 a claim a complaint “does not need detailed factual allegations, . . . a plaintiff's obligation to 3 provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than labels and conclusions, and 4 a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be 5 enough to raise a right to relief above the speculative level . . . .” Bell Atlantic Corp. v. Twombly, 6 550 U.S. 544, 555 (2007) (citations omitted). A complaint must proffer “enough facts to state a 7 claim to relief that is plausible on its face.” Id. at 570. The United States Supreme Court has 8 recently explained the “plausible on its face” standard of Twombly: “While legal conclusions can 9 provide the framework of a complaint, they must be supported by factual allegations. When there 10 are well-pleaded factual allegations, a court should assume their veracity and then determine 11 whether they plausibly give rise to an entitlement to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 12 (2009). 13 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) 14 that a right secured by the Constitution or laws of the United States was violated, and (2) that the 15 alleged deprivation was committed by a person acting under the color of state law. West v. Atkins, 16 487 U.S. 42, 48 (1988). 17 Legal Claims 18 It is difficult to discern much of Plaintiff’s complaint. The complaint will be dismissed 19 with leave to amend to provide more information and a clearer description of his claims. Plaintiff 20 must identify the specific defendants by name and describe how they violated his constitutional 21 rights. For example, with respect to Plaintiff’s medical claim he must identify the defendant that 22 provided him with the medication, why he was provided with the medication, and more 23 information about whether he suffered a heart attack or other medical problems as a result. 24 Plaintiff must also write legibly so that the court can understand his allegations. 25 CONCLUSION 26 The complaint is DISMISSED with leave to amend in accordance with the standards set 27 forth above. The amended complaint must be filed within forty-two (42) days of the date this 1 AMENDED COMPLAINT on the first page. Because an amended complaint completely replaces 2 || the original complaint, Plaintiff must include in it all the claims he wishes to present. See Ferdik v. 3 || Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate material from the original 4 || complaint by reference. Failure to amend within the designated time will result in the dismissal of 5 this case. 6 It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the court informed 7 of any change of address by filing a separate paper with the clerk headed “Notice of Change of 8 || Address,” and must comply with the court's orders in a timely fashion. Failure to do so may result 9 in the dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 10 || 41(b). 11 IT IS SO ORDERED. a 12 Dated: April 17, 2020 RGBERT M. ILLMAN IS United States Magistrate Judge 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28