Declouette v. People of the State of Calfornia

Filing 4

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Amended Complaint due by 2/4/2013. Signed by Judge Phyllis J. Hamilton on 1/4/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/4/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 MICAH D. DECLOUETTE, Plaintiff, 8 vs. 9 ORDER OF DISMISSAL WITH LEAVE TO AMEND PEOPLE OF THE STATE OF CALIFORNIA, 11 For the Northern District of California United States District Court 10 No. C 12-5316 PJH (PR) Defendant. 12 / 13 14 Plaintiff, a detainee at San Bruno County Jail, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. 15 16 17 DISCUSSION A. Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners 18 seek redress from a governmental entity or officer or employee of a governmental entity. 19 28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and 20 dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may 21 be granted, or seek monetary relief from a defendant who is immune from such relief. Id. at 22 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police 23 Dep't, 901 F.2d 696, 699 (9th Cir. 1990). 24 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of 25 the claim showing that the pleader is entitled to relief." "Specific facts are not necessary; 26 the statement need only '"give the defendant fair notice of what the . . . . claim is and the 27 grounds upon which it rests."'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citations 28 omitted). Although in order to state a claim a complaint “does not need detailed factual 1 allegations, . . . a plaintiff's obligation to provide the 'grounds’ of his 'entitle[ment] to relief' 2 requires more than labels and conclusions, and a formulaic recitation of the elements of a 3 cause of action will not do. . . . Factual allegations must be enough to raise a right to relief 4 above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) 5 (citations omitted). A complaint must proffer "enough facts to state a claim to relief that is 6 plausible on its face." Id. at 570. The United States Supreme Court has recently explained 7 the “plausible on its face” standard of Twombly: “While legal conclusions can provide the 8 framework of a complaint, they must be supported by factual allegations. When there are 9 well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.” Ashcroft v. Iqbal, 129 S.Ct. 11 For the Northern District of California United States District Court 10 1937, 1950 (2009). 12 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential 13 elements: (1) that a right secured by the Constitution or laws of the United States was 14 violated, and (2) that the alleged deprivation was committed by a person acting under the 15 color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). 16 B. 17 Legal Claims Plaintiff states he was denied visits with his fourteen month old baby, was denied 18 medical attention for his shoulder, deputies ridiculed him and he is improperly in 19 administrative segregation. Plaintiff provides no other information regarding these 20 allegations and does not describe what defendants were responsible for these actions. 21 These allegations are insufficient to meet the Iqbal standard. Plaintiff must provide 22 specific factual allegations as to what each individual defendant actually did, identified as 23 closely as possible by time and location, sufficient to make it plausible that he has a claim 24 for relief against each defendant. Plaintiff must describe how the individual defendants’ 25 actions caused him harm and he must specifically describe that harm. 26 CONCLUSION 27 1. The complaint is DISMISSED with leave to amend in accordance with the 28 standards set forth above. The amended complaint must be filed no later than February 4, 2 1 2013, and must include the caption and civil case number used in this order and the words 2 AMENDED COMPLAINT on the first page. Because an amended complaint completely 3 replaces the original complaint, plaintiff must include in it all the claims he wishes to 4 present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not 5 incorporate material from the original complaint by reference. Failure to amend within the 6 designated time will result in the dismissal of these claims. 7 2. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the “Notice of Change of Address,” and must comply with the court's orders in a timely fashion. 10 Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 11 For the Northern District of California court informed of any change of address by filing a separate paper with the clerk headed 9 United States District Court 8 Federal Rule of Civil Procedure 41(b). 12 13 IT IS SO ORDERED. Dated: January 4, 2013 PHYLLIS J. HAMILTON United States District Judge 14 15 G:\PRO-SE\PJH\CR.12\Declouette5316.dwlta.wpd 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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