Green v. Taylor et al

Filing 6

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Charles R. Breyer on 3/7/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND A. GREEN, E68189,
Plaintiff(s),

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vs.

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T. TAYLOR, et al.,
Defendant(s).

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No. C 12-5933 CRB (PR)
ORDER OF DISMISSAL WITH
LEAVE TO AMEND

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Plaintiff, a prisoner at Salinas Valley State Prison (SVSP), has filed a pro

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se complaint for damages under 42 U.S.C. § 1983 claiming "excessive force/

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cruel and unusual punishment," "medical denial" and "damage/and distroyed

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property."
DISCUSSION

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A.

Standard of Review
Federal courts must engage in a preliminary screening of cases in which

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prisoners seek redress from a governmental entity or officer or employee of a

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governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable

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claims or dismiss the complaint, or any portion of the complaint, if the complaint

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"is frivolous, malicious, or fails to state a claim upon which relief may be

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granted," or "seeks monetary relief from a defendant who is immune from such

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relief." Id. § 1915A(b). Pro se pleadings must be liberally construed, however.

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Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

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

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elements: (1) that a right secured by the Constitution or laws of the United States

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was violated, and (2) that the alleged violation was committed by a person acting

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under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

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Legal Claims
Plaintiff seeks damages from several named defendants, claiming

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"excessive force/cruel and unusual punishment," "medical denial" and

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"damage/and distroyed property." But plaintiff alleges no specific facts in

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support of his claims and does not link any of the named defendants with his

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claims of wrongdoing. He simply attaches numerous exhibits to his complaint

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and directs the court and defendants to review them. This will not do.

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In order to proceed with claims for monetary relief under § 1983 against

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individual defendants, plaintiff must allege specific facts showing how each

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named defendant actually and proximately caused the deprivation of his federally

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protected rights of which he complains. See Leer v. Murphy, 844 F.2d 628, 633-

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34 (9th Cir. 1988). Plaintiff's claims will be dismissed with leave to amend to set

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forth specific facts showing how his federal rights were violated and how each

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named defendant actually and proximately caused the deprivation of his federal

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rights of which he complains. See id. A prison official cannot be liable for

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damages under § 1983 simply because he is responsible for the actions or

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omissions of another. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).

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CONCLUSION
For the foregoing reasons, the complaint is dismissed with leave to amend,

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as indicated above, within 30 days of this order. The pleading must be simple

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and concise and must include the caption and civil case number used in this order

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and the words FIRST AMENDED COMPLAINT on the first page. Failure to

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file a proper amended complaint within the designated time will result in the

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dismissal of this action.

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Plaintiff is advised that the amended complaint will supersede the original

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complaint and all other pleadings. Claims and defendants not included in the

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amended complaint will not be considered by the court. See King v. Atiyeh, 814

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F.2d 565, 567 (9th Cir. 1987).

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SO ORDERED.

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DATED:

March 7, 2013
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.12\Green, R.12-5933.dwlta.wpd

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