Dwight Belton v. Gavin Newsom

I. BACKGROUND

On June 26, 2019, Dwight Belton (“Plaintiff”) filed a pro se civil rights complaint against Gavin Newsom, the Governor of California, Ralph Diaz, the Secretary of the California Department of Corrections and Rehabilitation (“CDCR”), and Dean Borders, the former Warden at the California Institution for Men. See Dkt. 1 (““Compl.”) at 3.! All defendants are named in their official and individual capacity. See id. Il. STANDARD OF REVIEW Pursuant to § 1915(e)(2), the court must dismiss the case at any time if it determines the allegation of poverty is untrue, or if the action is frivolous or

‘Mona D. Houston has replaced Mr. Borders as Warden and is thus automatically substituted as a defendant under Federal Rule of Civil Procedure 25(d).

malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. The standard for determining whether a plaintiff has failed to state a claim under § 1915(e)(2) is the same as under Federal Rule of Civil Procedure 12(b)(6). See Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). Although pro se pleadings are liberally construed, a complaint should be dismissed for…