Medina v. Mendocino County et al

Filing 5

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 11/16/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 11/16/2012)

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*E-Filed 11/16/12*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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PORFIRIO MEDINA,

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Plaintiff,

No. C 12-3767 RS (PR)
ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

v.

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THOMAS D. ALLMAN,
MENDOCINO COUNTY, and
16 DOES 1–100;
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Defendants.

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/

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INTRODUCTION

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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983. The Court now

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reviews the complaint pursuant to 28 U.S.C. § 1915A(a). Plaintiff’s motion to proceed in

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forma pauperis (Docket Nos. 2 & 4) is GRANTED.
DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a prisoner

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seeks redress from a governmental entity or officer or employee of a governmental entity.

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See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and

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No. C 12-3767 RS (PR)
ORDER DISMISSING COMPLAINT

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dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may

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be granted or seek monetary relief from a defendant who is immune from such relief. See id.

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§ 1915A(b)(1),(2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica

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Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
A “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim

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to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)

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(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

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plausibility when the plaintiff pleads factual content that allows the court to draw the

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reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting

United States District Court
For the Northern District of California

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Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal conclusions

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cast in the form of factual allegations if those conclusions cannot reasonably be drawn from

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the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754–55 (9th Cir. 1994).

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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements:

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(1) that a right secured by the Constitution or laws of the United States was violated, and

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(2) that the alleged violation was committed by a person acting under the color of state law.

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See West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

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Legal Claims
Plaintiff, who is being civilly detained under California’s Sexually Violent Predator

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Act, alleges that defendants violated his (1) due process, (2) equal protection, (3) Eighth

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Amendment, and (4) First Amendment rights. Plaintiff’s complaint, however, fails to

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provide sufficient details, such as the specific names of defendants, their specific actions, and

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the dates and places where the alleged violations occurred. It is not sufficient to name only

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Mendocino County and the supervising sheriff as defendants.

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Accordingly, the complaint is DISMISSED with leave to file an amended

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complaint within 30 days from the date of this order. The amended complaint must

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include the caption and civil case number used in this order (12-3767 RS (PR)) and the

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words FIRST AMENDED COMPLAINT on the first page. Because an amended complaint

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No. C 12-3767 RS (PR)
ORDER DISMISSING COMPLAINT

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completely replaces the previous complaints, plaintiff must include in his first amended

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complaint all the claims he wishes to present and all of the defendants he wishes to sue. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims not raised in the first

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amended complaint will be deemed waived. Plaintiff may not incorporate material from the

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prior complaint by reference. Failure to file an amended complaint in accordance with this

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order will result in dismissal of this action without further notice to plaintiff.

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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

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informed of any change of address by filing a separate paper with the clerk headed “Notice

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of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask

United States District Court
For the Northern District of California

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for an extension of time to do so. Failure to comply may result in the dismissal of this

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action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall terminate Docket

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Nos. 2 and 4.

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IT IS SO ORDERED.

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DATED: November 16, 2012
RICHARD SEEBORG
United States District Judge

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No. C 12-3767 RS (PR)
ORDER DISMISSING COMPLAINT

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