Wilkins v. Baker ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TIMOTHY D. WILKINS, Case No. 23-cv-01387-HSG 8 Plaintiff, ORDER OF DISMISSAL WITH LEAVE TO AMEND 9 v. 10 B. BAKER, 11 Defendant. 12 13 Plaintiff, an inmate at San Quentin State Prison, has filed a pro se action pursuant to 42 14 U.S.C. § 1983. His complaint (Dkt. No. 1) is now before the Court for review under 28 U.S.C. § 15 1915A. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. 16 DISCUSSION 17 A. Standard of Review 18 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 19 redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 20 § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims 21 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 22 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 23 (2). Pro se pleadings must, however, be liberally construed. See United States v. Qazi, 975 F.3d 24 989, 993 (9th Cir. 2020). 25 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 26 claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Specific facts are not 27 necessary; the statement need only “‘give the defendant fair notice of what the . . . claim is and the 1 While Rule 8 does not require detailed factual allegations, it demands more than an unadorned, 2 the-defendant-unlawfully-harmed-me accusation. Ashcroft v. Iqbal, 556 U.S. 662, 677–78 (2009). 3 A pleading that offers only labels and conclusions, or a formulaic recitation of the elements of a 4 cause of action, or naked assertions devoid of further factual enhancement does not suffice. Id. 5 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a 6 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged 7 violation was committed by a person acting under the color of state law. See West v. Atkins, 487 8 U.S. 42, 48 (1988). 9 B. Complaint 10 The complaint makes the following allegations. On September 16, 2022, Plaintiff filed a 11 grievance regarding his housing placement, Grievance No. 306199. On October 3, 2022, 12 defendant SQSP correctional sergeant B. Baker retaliated against Plaintiff for filing this complaint 13 by issuing him a rules violation report, in violation of the First Amendment prohibition on 14 retaliation for exercising protected conduct. See generally Dkt. No. 1. 15 The complaint is DISMISSED with leave to amend. The complaint proffers a conclusory 16 assertion without factual enhancement. A formulaic recitation of the elements of a cause of action 17 does not suffice to state a cognizable claim for relief. Ashcroft, 556 U.S. at 677–78. Plaintiff must 18 provide more than a conclusory statement that defendant Baker retaliated against him to state a 19 cognizable claim for First Amendment retaliation. 20 CONCLUSION 21 For the reasons set forth above, the Court DISMISSES the complaint with leave to amend. 22 Within twenty-eight (28) days of the date of this order, Plaintiff shall file an amended complaint 23 that addresses the identified deficiencies. The amended complaint must include the caption and 24 civil case number used in this order, Case No. C 23-01387 HSG (PR) and the words “AMENDED 25 COMPLAINT” on the first page. If using the court form complaint, Plaintiff must answer all the 26 questions on the form in order for the action to proceed. An amended complaint completely 27 replaces the previous complaints. See Lacey v. Maricopa Cnty., 693 F.3d 896, 925 (9th Cir. 1 present and all of the defendants he wishes to sue, and may not incorporate material from the prior 2 || complaint by reference. 3 Failure to file an amended complaint in accordance with this order in the time provided 4 || will result in dismissal of this action without further notice to Plaintiff. The Clerk shall include 5 || two copies of the court’s complaint form with a copy of this order to Plaintiff. 6 IT IS SO ORDERED. 7 Dated: = 7/7/2023 | | HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12 13 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28