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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SALVADOR ROLAND CHAVEZ SOL, 11 Case No. 20-01901 BLF (PR) Plaintiff, 12 ORDER OF DISMISSAL v. 13 SAN FRANCISCO COUNTY JAIL 14 FACILITY, 15 Defendant. 16 17 18 Plaintiff, a detainee at the San Francisco County Jail, filed the instant pro se civil 19 rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. The matter was originally 20 assigned to the Honorable Magistrate Judge Robert M. Illman, and Plaintiff consented to 21 magistrate judge jurisdiction. Dkt. No. 4. On April 17, 2020, Judge Illman dismissed the 22 complaint with leave to amend as it was difficult to discern much of the complaint. Dkt. 23 No. 6 at 2. Plaintiff filed an amended complaint. Dkt. No. 7. Upon the order of Judge 24 Illman, the matter was directed to be reassigned to a district judge pursuant to Williams v. 25 King, 875 F.3d 500 (9th Cir. 2017). Dkt. No. 9. The matter was reassigned to this Court 26 on July 10, 2020. Dkt. No. 10. 27 /// 1 DISCUSSION 2 A. Standard of Review 3 A federal court must conduct a preliminary screening in any case in which a 4 prisoner seeks redress from a governmental entity or officer or employee of a 5 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 6 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 7 upon which relief may be granted or seek monetary relief from a defendant who is immune 8 from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be liberally 9 construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988). 10 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential 11 elements: (1) that a right secured by the Constitution or laws of the United States was 12 violated, and (2) that the alleged violation was committed by a person acting under the 13 color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). 14 B. Plaintiff’s Claims 15 Judge Illman dismissed the original complaint because it was partially illegible and 16 difficult to understand. Dkt. No. 6 at 2. Plaintiff was advised that he must provide more 17 information and a clearer description of his claims, identify the specific defendants by 18 name, and describe how they violated his constitutional rights. Id. Plaintiff was also 19 advised to write legibly so that the court can understand his allegations. Id. 20 Plaintiff’s amended complaint does not correct the deficiencies from his original 21 complaint. Plaintiff makes no specific allegations regarding the violation of his federal or 22 constitutional rights nor does he identify any specific defendants by name. Plaintiff 23 alludes to being cursed, fighting wars, and being unable to enjoy life. Dkt. No. 7 at 1-2. 24 He alludes to not receiving the “right dose of meds” and that he has been subjected to more 25 than one exorcism. Id. at 2. Plaintiff also claims that his ex-wife set him up along with an 26 undercover officer. Id. at 3. Furthermore, he claims that someone is going to kill him and 1 || sufficient to state a cognizable claim under § 1983. 2 Accordingly, the amended complaint is DISMISSED without leave to amend 3 || because Plaintiff was already afforded one opportunity to amend and the Court finds no 4 || good cause to grant him another opportunity where the deficiencies from the original 5 || complaint remain the same. Wagh v. Metris Direct, Inc., 363 F.3d 821, 830 (9th Cir. 2003) 6 || (district court’s discretion to deny leave to amend particularly broad where plaintiff has 7 || previously filed an amended complaint); Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 8 1992). 9 10 CONCLUSION 11 For the foregoing reasons, the amended complaint is DISMISSED for failure to 12 |} State a claim for which relief can be granted. 13 IT IS SO ORDERED. 14 || Dated: _September 30, 2020 fede Lelrye brceaue! BETH LABSON FREEMAN 15 United States District Judge Q 16 Z 18 19 20 21 22 23 24 25 Order of Dismissal PRO-SE\BLF\CR.20\01901Chavez-Sol_dism(ftsac) 26 27