de Cruz v. Secretary of the California Department of Corrections and Rehabilitation

INTRODUCTION

19 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. For 20 the reasons discussed below, the Complaint is dismissed with leave to amend.

ANALYSIS

22 A. Standard of Review 23 Federal courts must engage in a preliminary screening of cases in which prisoners seek 24 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 25 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 26 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 27 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the statement need only “‘give the defendant fair notice of what the . . . . claim is and the grounds upon which it rests.’”” Erickson v. Pardus, 551 U.S.…