Christopher Maurice McDowell v. CVS Store Staff

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHRISTOPHER MAURICE Case No. 2:25-cv-02646-SB-AJR

MCDOWELL,

Plaintiff, ORDER OF DISMISSAL v.

CVS STORE STAFF,

Defendants.

Plaintiff, proceeding pro se, filed a complaint raising a claim under 42 U.S.C. § 1983 against the “staff” of a CVS store in Los Angeles. Dkt. No. 1. Because Plaintiff has requested to proceed in forma pauperis (IFP), the Court must screen his complaint to determine if he fails to state a claim. See 28 U.S.C. § 1915(e)(2); see also Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000). Plaintiff’s allegation that an unidentified CVS staff member improperly took $203.25 from his EBT account fails to state a § 1983 claim. See Price v. State of Hawaii, 939 F.2d 702, 707–08 (9th Cir. 1991) (noting that state action is required for a § 1983 claim). There is no allegation or any suggestion that the CVS employee was acting under color of state law. In these circumstances, it is 1 The standard for determining whether a complaint fails to state a claim under 28 U.S.C. § 1915(e) is the same as the standard under Federal Rule of Civil Procedure 12(b)(6). Hebrard v.…