Quair v. Brown ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID SABINO QUAIR, Case No. 20-cv-00716-JD 8 Plaintiff, ORDER OF DISMISSAL v. 9 10 GILBERT H. BROWN, Defendant. 11 12 13 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. He 14 has been granted leave to proceed in forma pauperis. 15 DISCUSSION 16 STANDARD OF REVIEW 17 Federal courts must engage in a preliminary screening of cases in which prisoners seek 18 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 19 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 20 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 21 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 22 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 23 Cir. 1990). 24 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 25 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 26 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 27 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 1 the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations 2 || omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its 3 face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face” 4 || standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 5 must be supported by factual allegations. When there are well-pleaded factual allegations, a court 6 || should assume their veracity and then determine whether they plausibly give rise to an entitlement 7 to relief.” Ashcroft v. Igbal, 556 U.S. 662, 679 (2009). 8 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by 9 the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 10 || committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). 11 LEGAL CLAIMS Plaintiff alleges that he was transferred from prison to Santa Clara County Jail for E 13 warrants, but his court documents had the wrong booking number, birthdate and social security S 14 || number. For relief he seeks defendants to be prosecuted and to no longer be falsely incarcerated. 2 15 These allegations fail to state claim. To the extent plaintiff seeks to challenge his incarceration he 16 must pursue the habeas petitions he has already filed. The Court notes that plaintiff is already "7 challenging the conditions of his confinement in several civil rights cases in this Court. Because no amount of amendment would cure the deficiencies in this complaint, this action is 0 DISMISSED with prejudice for failure to state a claim. The Clerk is requested to close this case. 21 IT IS SO ORDERED. 22 || Dated: April 17, 2020 23 24 25 JAMES ATO United Si#tes District Judge 26 27 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 DAVID SABINO QUAIR, 4 Case No. 20-cv-00716-JD Plaintiff, 5 6 Vv. CERTIFICATE OF SERVICE 5 GILBERT H. BROWN, Defendant. 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 April 23, 2020, | WILL SERVE a true and correct copy(ies) of the attached, by 13 = placing 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(es) into an inter-office delivery 15 receptacle located in the Clerk's office. 16 17 || David Sabino Quair ID: BG0478 CSP-CMC East Fac B -3234 4 18 || P.O. Box 8101 San Luis Obispo, CA 93409-8101 19 20 21 Dated: April 17, 2020 22 Susan Y. Soong 23 Clerk, United States District Court 24 25 M62 . Llar 26 LI . CLARK, Deputy Clerk to the 7 Honorable JAMES DONATO 28