1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JESSICA ANN MARTIN, Case No. 21-cv-02180-HSG

8 Plaintiff, ORDER OF DISMISSAL WITH LEAVE TO AMEND 9 v.

10 WEST COUNTY DETENTION FACILITY DOES 1-3, 11 Defendant. 12 13 Plaintiff, an inmate at California Institute for Women, has filed a pro se action pursuant to 14

. Her complaint (Dkt. No. 1) is now before the Court for review under 28 U.S.C. 15 § 1915A. Plaintiff has been granted leave to proceed in forma pauperis in a separate order. Dkt. 16 No. 3. 17 DISCUSSION 18 A. Standard of Review 19 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 20 redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 21 § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims 22 that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek 23 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 24 (2). Pro se pleadings must, however, be liberally construed. See United States v. Qazi,

989, 993 (9th Cir. 2020). 26 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 27 claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Specific facts are not 1 grounds upon which it rests.’” Erickson v. Pardus,

(2007) (citations omitted). 2 While Rule 8 does not require detailed factual allegations, it demands more than an unadorned, 3 the-defendant-unlawfully-harmed-me accusation. Ashcroft v. Iqbal,

, 677–78 (2009). 4 A pleading that offers only labels and conclusions, or a formulaic recitation of the elements of a 5 cause of action, or naked assertions devoid of further factual enhancement does not suffice.

6 To state a claim under

, a plaintiff must allege two essential elements: (1) that a 7 right secured by the Constitution or laws of the United States was violated, and (2) that the alleged 8 violation was committed by a person acting under the color of state law. See West v. Atkins, 487

(1988). 10 B. Complaint 11 Plaintiff alleges that, while she was a pretrial detainee at West County Detention Facility, 12 certain Doe defendants used excessive force on her and were deliberately indifferent to her serious 13 medical needs. The complaint will be DISMISSED with leave to amend for the following reasons 14 because Plaintiff has failed to name a cognizable defendant. This action cannot proceed solely 15 against Doe defendants because it is effectively impossible for the United States Marshal to serve 16 an anonymous defendant. Plaintiff has not identified a single defendant by name. In her amended 17 complaint, Plaintiff should identify at least one defendant by name. The Court cannot assist 18 Plaintiff with ascertaining the identity of the Doe defendants who committed the alleged 19 constitutional violations. 20 In preparing an amended complaint, the Court provides the following guidance. 21 Plaintiff’s current complaint is a narrative of events, with a conclusion that Defendants’ actions 22 constituted cruel and unusual punishment. In preparing her amended complaint, Plaintiff should 23 identify what each defendant did (or did not do), and identify what and how each particular action 24 (or inaction) violated a specific constitutional provision. Because Plaintiff was a pretrial detainee 25 at the time of the alleged events, her claims arise under the Fourteenth Amendment. See Bell v. 26 Wolfish,

, 535 n.16 (1979) (when pretrial detainee challenges conditions of her 27 confinement, proper inquiry is whether conditions amount to punishment in violation of Due 1 CONCLUSION 2 For the foregoing reasons, the complaint is dismissed with leave to amend. Within twenty- 3 || eight (28) days of the date of this order, Plaintiff shall file an amended complaint that addresses 4 || the identified deficiencies. The amended complaint must identify at least one defendant by name. 5 || The amended complaint must include the caption and civil case number used in this order, Case 6 || No. C 21-2180 HSG (PR) and the words “AMENDED COMPLAINT” on the first page. If using 7 the court form complaint, Plaintiff must answer all the questions on the form in order for the 8 action to proceed. An amended complaint completely replaces the previous complaints. See 9 || Lacey v. Maricopa Cnty.,

(9th Cir. 2012). Accordingly, Plaintiff must include 10 || in her amended complaint all the claims she wishes to present and all of the defendants she wishes 11 to sue, and may not incorporate material from the prior complaint by reference. Failure to file an 12 || amended complaint in accordance with this order in the time provided will result in dismissal of 5 13 || this action without further notice to Plaintiff. The Clerk shall include two copies of the court’s 14 || complaint form with a copy of this order to Plaintiff. 3 15 IT IS SO ORDERED. a 16 |} Dated: 5/25/2021

8 HAYWOOD S. GILLIAM, JR. United States District Judge 19 20 21 22 23 24 25 26 27 28