1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELIJAH DOMINGUEZ, Case No. 21-cv-08876-JD

8 Plaintiff, ORDER RE DISMISSAL v. 9

10 MARIA LISA FELIX, Defendant. 11

12 13 Plaintiff, a detainee, has filed a pro se civil rights complaint under

. He 14 has been granted leave to proceed in forma pauperis. 15 DISCUSSION 16 STANDARD OF REVIEW 17 Federal courts must engage in a preliminary screening of cases in which prisoners seek 18 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 19 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 20 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 21 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 22 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t,

(9th 23 Cir. 1990). 24 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 25 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 26 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 27 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 1 the speculative level.” Bell Atlantic Corp. v. Twombly,

(2007) (citations 2 || omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its 3 face.”

. The United States Supreme Court has explained the “plausible on its face” 4 || standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 5 must be supported by factual allegations. When there are well-pleaded factual allegations, a court 6 || should assume their veracity and then determine whether they plausibly give rise to an entitlement 7 to relief.” Ashcroft v. Igbal,

(2009). 8 To state a claim under

, a plaintiff must allege that: (1) a right secured by 9 the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 10 || committed by a person acting under the color of state law. West v. Atkins,

(1988). 11 LEGAL CLAIMS 12 Plaintiff contends that the defendant in this case, his mother, withdrew money from his 13 bank account while he was detained in the county jail. Complaint at 2-3. For relief he seeks the 14 || money to be placed back in his account. These allegations fail to state a claim under § 1983 and 3 15 are frivolous. Plaintiff has failed to allege that a right secured by the Constitution or laws of the a 16 || United States was violated or that his mother was acting under the color of state law. Because no 3 17 amount of amendment would cure the deficiencies of the complaint, this action is dismissed S 18 || without leave to amend. 19 CONCLUSION 20 1. The complaint is DISMISSED with prejudice as frivolous and for failure to state a 21 claim. 22 2. The Clerk is requested to CLOSE this case. 23 IT IS SO ORDERED. 24 Dated: December 17, 2021 25 26 JAMES ATO 27 United SfAtes District Judge 28