Harding v. Eixenberger

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/22/2016 DISMISSING plaintiff's amended complaint for failure to state a claim upon which relief can be granted; and this case is closed. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT LEE HARDING,

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No. 2:16-cv-0116 CKD P

Plaintiff,
v.

ORDER

MEGAN EIXENBERGER,
Defendants.

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Plaintiff is a prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983, and is proceeding in forma pauperis. He has consented to have all matters in this

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action before a United State Magistrate Judge. 28 U.S.C. § 636(c).

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.

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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th

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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an

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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,
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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully

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pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th

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Cir. 1989); Franklin, 745 F.2d at 1227.

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A complaint, or portion thereof, should only be dismissed for failure to state a claim upon

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which relief may be granted if it appears beyond doubt that plaintiff can prove no set of facts in

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support of the claim or claims that would entitle him to relief. Hishon v. King & Spalding, 467

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U.S. 69, 73 (1984) (citing Conley v. Gibson, 355 U.S. 41, 45-46 (1957)); Palmer v. Roosevelt

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Lake Log Owners Ass'n, 651 F.2d 1289, 1294 (9th Cir. 1981). In reviewing a complaint under

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this standard, the court must accept as true the allegations of the complaint in question, Hospital

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Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light

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most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor, Jenkins v.

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McKeithen, 395 U.S. 411, 421 (1969).

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The court has conducted the required screening with respect to plaintiff’s amended

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complaint. As with his original complaint, plaintiff’s amended complaint concerns the actions of

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the deputy district attorney who represented the State of California during criminal proceedings

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which culminated in plaintiff accepting a plea agreement. Plaintiff seeks damages. As plaintiff

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was informed with respect to his original complaint, a prisoner cannot proceed with a claim for

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damages under 42 U.S.C. § 1983 which implies the invalidity of his criminal conviction. Heck v.

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Humphrey, 512 U.S. 477, 487 (1994). Further, plaintiff’s allegations of misconduct are vague

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and would not otherwise amount to an actionable claim. In light of the foregoing, plaintiff’s

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complaint fails to state a claim upon which relief can be granted and must be dismissed. The

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court will not grant leave to amend a second time as it appears that would be futile.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s amended complaint is dismissed for failure to state a claim upon which

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relief can be granted; and
2. This case is closed.
Dated: March 22, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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