Securustech.Net

(PC) Lira v. Securustech.Net

Good Law
United States District Court, Eastern District of CaliforniaSeptember 16, 20211:21-cv-01274California1,382 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN G. LIRA, Case No. 1:21-cv-01274-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. STATE A CLAIM UPON WHICH RELIEF

CAN BE GRANTED

SECURUSTECH.NET, et al., (Doc. 1) 15 Defendants. 14-DAY DEADLINE

Plaintiff filed this civil rights action under 42 U.S.C. § 1983 against Defendants Securustech.net and Robert E. Pickens, as president of Securus.net. (Doc. 1.) Because Plaintiff cannot show that Defendants were acting under color of state law, he is unable to state a claim against them under section 1983. For the following reasons, the Court recommends that this action be DISMISSED for failure to state a claim without leave to amend. I. PLAINTIFF’S ALLEGATIONS According to the sparse allegations in the complaint, on July 21, 2021, Kings County Jail switched telephone service providers to Secrurustech.net. Plaintiff alleges that the “unnecessary change”…

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