Diaz

Diaz v. Terhune

Good Law
173 F. Supp. 2d 1026·2001 WL 474249·2001 U.S. Dist. LEXIS 22987
United States District Court, Northern District of CaliforniaApril 26, 2001C 01-00281 PJH (PR)California861 words

Opinion

Opinion

Hamilton, J.

ORDER OF DISMISSAL

Plaintiff, an inmate at California State Prison-Solano, has fíled a pro se civil rights complaint under 42 U.S.C. § 1983 .

BACKGROUND

Plaintiff contends that as a result of his violations of the Department of. Correction’s grooming policy, defendants have placed him in an inmate classification status in which he cannot earn good time credits. He also asserts supplemental state law claims.

DISCUSSION

A. Standard of Review

Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. See id. at 1915A(b)(1),(2).

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

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