The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 FRED FELEKI MARTINEZ, No. 2:23-cv-2350 CKD P
12 Plaintiff,
13 v. ORDER
14 JEFF LYNCH, et al.,
15 Defendants.
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17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §
18 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §
19 636(b)(1).
20 Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a
21 declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.
22 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§
23 1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the
24 initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.
25 Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding
26 month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by
27 the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account
28 exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
1 The court is required to screen complaints brought by prisoners seeking relief against a
2 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
3 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
4 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek
5 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
6 In order to avoid dismissal for failure to state a claim a complaint must contain more than
7 “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause
8 of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words,
9 “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory
10 statements do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Furthermore, a claim
11 upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A
12 claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw
13 the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S.
14 at 678. When considering whether a complaint states a claim upon which relief can be granted,
15 the court must accept the allegations as true, Erickson v. Pardus, 551 U.S. 89, 93-94 (2007), and
16 construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416
17 U.S. 232, 236 (1974).
18 The court has reviewed plaintiff’s complaint and finds that it fails to state a claim upon
19 which relief can be granted under federal law. Plaintiff’s complaint must be dismissed. The
20 court will, however, grant leave to file an amended complaint.
21 If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions
22 complained of have resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v.
23 Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, in his amended complaint, plaintiff must allege in
24 specific terms how each named defendant is involved. There can be no liability under 42 U.S.C.
25 § 1983 unless there is some affirmative link or connection between a defendant’s actions and the
26 claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory
27 allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of
28 Regents, 673 F.2d 266, 268 (9th Cir. 1982).
] Plaintiff refers to the contents of exhibits in the body of his complaint instead of
2 || identifying the facts that support plaintiffs claims. While plaintiff may attach exhibits to his
3 || amended complaint, whether he states a claim upon which he can proceed will depend on the
4 || specificity of the allegations made in the body of the amended complaint itself.
5 Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to
6 || make plaintiff's amended complaint complete. Local Rule 220 requires that an amended
7 || complaint be complete in itself without reference to any prior pleading. This is because, as a
8 | general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375
9 || F.2d 55, 57 (9th Cir. 1967).
10 In accordance with the above, IT IS HEREBY ORDERED that:
11 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 2) is granted.
12 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
13 || shall be collected and paid in accordance with this court’s order to the Director of the California
14 | Department of Corrections and Rehabilitation filed concurrently herewith.
15 3. Plaintiff's complaint is dismissed.
16 4. Plaintiff is granted thirty days from the date of service of this order to file an amended
17 || complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil
18 || Procedure, and the Local Rules of Practice. The amended complaint must bear the docket
19 || number assigned this case and must be labeled “Amended Complaint.” Failure to file an
20 || amended complaint in accordance with this order will result in a recommendation that this action
21 | be dismissed.
22 || Dated: January 3, 2024 / a8 } if | / p , Si
8 CAROLYNK. DELANEY
24 UNITED STATES MAGISTRATE JUDGE
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3g mart2350.14