1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT E. MAURY, Case No. 24-cv-07093-JSW

8 Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

9 v. TO AMEND

10 SMITH, et al., Defendants. 11

12 INTRODUCTION 13 Plaintiff, an inmate in Pelican Bay State Prison proceeding pro se, filed this civil rights 14 case under 42 U.S.C. § 1983 against the Warden and unidentified “mailroom staff.” He is granted 15 leave to proceed in forma pauperis in a separate order. For the reasons discussed below, the 16 complaint is DISMISSED with leave to amend. 17 ANALYSIS 18 A. STANDARD OF REVIEW 19 Federal courts must engage in a preliminary screening of cases in which prisoners seek 20 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 21 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 22 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 23 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 24 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th 25 Cir. 1990). 26 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 27 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the 1 which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although 2 in order to state a claim a complaint “does not need detailed factual allegations, . . . a plaintiff's 3 obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than labels and 4 conclusions, and a formulaic recitation of the elements of a cause of action will not do. . . . 5 Factual allegations must be enough to raise a right to relief above the speculative level." Bell 6 Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint 7 must proffer "enough facts to state a claim for relief that is plausible on its face." Id. at 1974. 8 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) 9 that a right secured by the Constitution or laws of the United States was violated, and (2) that the 10 alleged deprivation was committed by a person acting under the color of state law. West v. Atkins, 11 487 U.S. 42, 48 (1988). 12 B. LEGAL CLAIMS 13 Plaintiff claims his legal mail was opened outside of his presence, without notification to 14 him, and not provided to him. He does not name as defendants the official(s) who did this. 15 Rather, he names the Warden of PBSP as a defendant, but he alleges no conduct by the Warden or 16 any actions or omissions by him that caused Plaintiff’s legal mail to be mishandled. The Warden 17 is not liable simply because he is the supervisor of any officials who were involved in the alleged 18 violation of Plaintiff’s rights. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (there is no 19 respondeat superior liability under Section 1983). 20 The only other defendant listed by Plaintiff is “mailroom staff.” Plaintiff may not sue a 21 group of people without identifying them individually and alleging specific actions (or omissions) 22 by each of them that caused the alleged interference with, confiscation of, and/or other 23 mishandling of Plaintiff’s legal mail. Plaintiff will be given leave to file an amended complaint in 24 which he cures these deficiencies in his complaint.. 25 CONCLUSION For the reasons set out above, 26 1. The complaint is DISMISSED for failure to state a cognizable claim for relief. 27 2. Plaintiff may file an amended complaint within on or before November 28, 2024. 1 The amended complaint must include the caption and civil case number used in this order (No. C 2 || 24-7093 JSW (PR)) and the words “COURT-ORDERED FIRST AMENDED COMPLAINT” on 3 the first page. Because an amended complaint completely replaces the original complaint, see 4 || Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992), Plaintiff may not incorporate material 5 || from the original by reference; he must include in his amended complaint all the claims he wishes 6 || pursue. Failure to amend within the designated time and in accordance with this order, 7 including curing the deficiencies in the claims described above, will result in the dismissal of this 8 case. 9 3. It is Plaintiff's responsibility to prosecute this case. Plaintiff must keep the Court 19 || ‘formed of any change of address by filing a separate paper with the clerk headed “Notice of 1 Change of Address.” He also must comply with the Court's orders in a timely fashion, although he

= 12 || may request an extension of time provided it is accompanied by a showing of good cause and it is E 13. || filed on or before the deadline he wants to extend. Failure to do so may result in the dismissal of 14. || this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 5 15 IT IS SO ORDERED. 16 Dated: October 28, 2024 a |

JEFFREY S. WHITE

19 United StatesDistrict Judge 20 21 22 23 24 25 26 27 28