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Greene v. J. Brown

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Jun 1, 2015
No. C 15-1130 JSW (PR) (N.D. Cal. Jun. 1, 2015)

Opinion

No. C 15-1130 JSW (PR)

06-01-2015

MARCELLUS GREENE, a.k.a. MARVELLOUS AFRIKAN WARRIOR, Plaintiff, v. J. BROWN, et al., Defendants.


ORDER OF DISMISSAL

INTRODUCTION

Plaintiff, a prisoner of the State of California, filed this pro se civil rights complaint under 42 U.S.C. § 1983. For the reasons discussed below, the complaint is dismissed. The application to proceed in forma pauperis is granted in a separate order.

STANDARD OF REVIEW

Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although in order to state a claim a complaint "does not need detailed factual allegations, . . . a plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id. at 1974. Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

LEGAL CLAIMS

Plaintiff alleges that Defendant Brown, a guard at Pelican Bay State Prison, threatened him by stating "U won't be going home." Allegations of mere threats also are not cognizable under § 1983. Gaut v. Sunn, 810 F.2d 923, 925 (9th Cir. 1987) (mere threat does not constitute constitutional wrong, nor do allegations that naked threat was for purpose of denying access to courts compel contrary result). This allegation does not state a cognizable claim under Section 1983.

Plaintiff also alleges that Brown and "others" took his peanut butter and jelly, vitamins, toothpaste, and deodorant without authorization. Neither the negligent nor intentional deprivation of property states a due process claim under Section 1983 if the deprivation was random and unauthorized, however. Parratt v. Taylor, 451 U.S. 527, 535-44 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 (1986). The availability of an adequate state post-deprivation remedy, e.g., a state tort action, precludes relief because it provides sufficient procedural due process. See Zinermon v. Burch, 494 U.S. 113, 128 (1990) (where state cannot foresee, and therefore provide meaningful hearing prior to, deprivation statutory provision for post-deprivation hearing or common law tort remedy for erroneous deprivation satisfies due process). California law provides such an adequate post-deprivation remedy. See Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 1994) (citing Cal. Gov't Code §§ 810-895). Accordingly, Plaintiff's allegations that the unauthorized deprivation of his personal property does not state a cognizable claim under Section 1983 for the violation of his constitutional rights.

CONCLUSION

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

The Clerk shall close the file and enter judgment.

IT IS SO ORDERED. DATED: June 1, 2015

/s/_________

JEFFREY S. WHITE

United States District Judge


Summaries of

Greene v. J. Brown

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Jun 1, 2015
No. C 15-1130 JSW (PR) (N.D. Cal. Jun. 1, 2015)
Case details for

Greene v. J. Brown

Case Details

Full title:MARCELLUS GREENE, a.k.a. MARVELLOUS AFRIKAN WARRIOR, Plaintiff, v. J…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Jun 1, 2015

Citations

No. C 15-1130 JSW (PR) (N.D. Cal. Jun. 1, 2015)