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. 21

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 1 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 2 Cir. 1990). 3 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 4 claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the 5 statement need only “‘give the defendant fair notice of what the . . . . claim is and the grounds 6 upon which it rests.’”” Erickson v. Pardus, 551 U.S.…