Roberts v. Watson et al

Filing 5

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ROBERT ROBERTS,
Plaintiff,

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vs.

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ORDER OF DISMISSAL WITH
LEAVE TO AMEND

W. BRUCE WATSON, et. al.,
Defendants.

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For the Northern District of California

United States District Court

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No. C 12-6402 PJH (PR)

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Plaintiff, an inmate at Humboldt County Correctional Facility, has filed a pro se civil
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rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma
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pauperis.
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DISCUSSION
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A.

Standard of Review

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Federal courts must engage in a preliminary screening of cases in which prisoners
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seek redress from a governmental entity or officer or employee of a governmental entity.
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28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and
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dismiss any claims which 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. Id. at
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1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police
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Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
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Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of
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the claim showing that the pleader is entitled to relief." "Specific facts are not necessary;
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the statement need only '"give the defendant fair notice of what the . . . . claim is and the
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grounds upon which it rests."'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (citations
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omitted). Although in order to state a claim a complaint “does not need detailed factual

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allegations, . . . a plaintiff's obligation to provide the 'grounds’ of his 'entitle[ment] to relief'

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requires more than labels and conclusions, and a formulaic recitation of the elements of a

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cause of action will not do. . . . Factual allegations must be enough to raise a right to relief

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above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)

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(citations omitted). A complaint must proffer "enough facts to state a claim to relief that is

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plausible on its face." Id. at 570. The United States Supreme Court has recently explained

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the “plausible on its face” standard of Twombly: “While legal conclusions can provide the

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framework of a complaint, they must be supported by factual allegations. When there are

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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.

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For the Northern District of California

United States District Court

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1937, 1950 (2009).

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

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

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

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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 alleges that between 7:00 am and 9:30 pm, he is not allowed to be under his

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blankets or bedding while in his cell. If he is, he faces disciplinary action. Plaintiff cites to

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the Eighth Amendment, though it is not clear if he is a convicted prisoner or a pre-trial

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detainee.

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Plaintiff is informed that the Constitution does not mandate comfortable prisons, but

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neither does it permit inhumane ones. See Farmer v. Brennan, 511 U.S. 825, 832 (1994).

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The treatment a prisoner receives in prison and the conditions under which he is confined

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are subject to scrutiny under the Eighth Amendment. See Helling v. McKinney, 509 U.S.

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25, 31 (1993). The Amendment imposes duties on prison officials, who must provide all

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prisoners with the basic necessities of life such as food, clothing, shelter, sanitation,

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medical care and personal safety. See Farmer, 511 U.S. at 832.

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A prison official violates the Eighth Amendment when two requirements are met: (1)

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the deprivation alleged must be, objectively, sufficiently serious, Farmer, at 834 (citing

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Wilson v. Seiter, 501 U.S. 294, 298 (1991)), and (2) the prison official possesses a

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sufficiently culpable state of mind, id. (citing Wilson, 501 U.S. at 297).

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In determining whether a deprivation of a basic necessity is sufficiently serious to

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satisfy the objective component of an Eighth Amendment claim, a court must consider the

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circumstances, nature, and duration of the deprivation. The more basic the need, the

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shorter the time it can be withheld. See Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir.

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2000).
Not being allowed to be under blankets during the day fails to state a sufficiently

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For the Northern District of California

United States District Court

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serious basic necessity. The complaint will be dismissed, but plaintiff will be provided one

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opportunity to file an amended complaint.

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CONCLUSION

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1. The complaint is DISMISSED with leave to amend in accordance with the

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standards set forth above. The amended complaint must be filed no later than March 11,

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2013, and must include the caption and civil case number used in this order and the words

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AMENDED COMPLAINT on the first page. Because an amended complaint completely

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replaces the original complaint, plaintiff must include in it all the claims he wishes to

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present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not

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incorporate material from the original complaint by reference. Failure to amend within the

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designated time will result in the dismissal of these claims.

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2. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the

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

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“Notice of Change of Address,” and must comply with the court's orders in a timely fashion.

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Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to

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Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: February 4, 2013.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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