Herndon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GERROD HERNDON, Case No. 22-cv-01020-CRB (PR)

Plaintiff,

ORDER OF DISMISSAL

v.

SAN JOSE BEHAVIORAL HEALTH, (ECF No. 2) Defendant(s).

Plaintiff, a former state prisoner currently at All Saints Extended Care, an assisted living facility in San Rafael, California, has filed a pro se complaint for damages under 42 U.S.C. § 1983 using the court’s prisoner complaint form wherein he alleges that “staff” and “administr[at]ion” at San Jose Behavioral Health Hospital “stole my stuff from my room.” ECF No. 1 at 2. Plaintiff also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 which, based solely on his affidavit of poverty, is GRANTED. Plaintiff’s § 1983 action for damages against San Jose Behavioral Health Hospital staff and administration for unlawful deprivation of property must be DISMISSED pursuant to § 1915(e)(2) for failure to state a claim. First, it is well established that private entities and individuals do…