Abdul-Haqq v. Ahern et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 5/1/13. (jjoS, COURT STAFF) (Filed on 5/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID D. ABDUL-HAQQ, II,

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Plaintiff,
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v.
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GREGORY J. AHERN, et al.,
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Defendants.
__________________________________ )

No. C 13-0866 JSW (PR)
ORDER OF DISMISSAL

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INTRODUCTION

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Plaintiff, an inmate at the Alameda County Jail, filed this pro se civil rights

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complaint under 42 U.S.C. § 1983. His application to proceed in forma pauperis is

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granted in a separate order. For the reasons discussed below, the case is dismissed for

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failing to state a cognizable claim for relief.

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STANDARD OF REVIEW
Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement

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of the claim showing that the pleader is entitled to relief." "Specific facts are not

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necessary; the statement need only '"give the defendant fair notice of what the . . . . claim

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is and the grounds upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200

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(2007) (citations omitted). Although in order to state a claim a complaint “does not need

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detailed factual allegations, . . . a plaintiff's obligation to provide the 'grounds of his

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'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic

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recitation of the elements of a cause of action will not do. . . . Factual allegations must

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be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v.

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Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer

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"enough facts to state a claim for relief that is plausible on its face." Id. at 1974. Pro se

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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696,

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699 (9th Cir. 1990).

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

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

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LEGAL CLAIMS

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Plaintiff alleges that jail officials by items for sale at the canteen by the bulk and

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then sell the items individually despite the fact that, in some instances, they are marked

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“not for individual sale.” He wants to buy these items in bulk but jail officials will not

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allow him to do so. The actions of jail officials, as described by Plaintiff, do not violate

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any constitutional right or other federal law. Consequently, the complaint does not state

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any cognizable claim for relief under Section 1983.

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CONCLUSION

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For the reasons set out above, this action is DISMISSED.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: May 1, 2013

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID D ABDUL-HAQQ II,

Case Number: CV13-00866 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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GREGORY J AHERN et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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David D. Abdul-Haqq
BAL065
Santa Rita Jail
5325 Broder Blvd.
Dublin, CA 94568

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Dated: May 1, 2013

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk