1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CAESAR RAMIREZ, Case No. 23-cv-02299-JD

8 Plaintiff, ORDER RE DISMISSAL v. 9

10 JUANNA GREHEADA HERNANDEZ, Defendant. 11

12 13 Plaintiff, a state prisoner, 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 LEGAL CLAIMS 9 To state a claim under

, a plaintiff must allege that: (1) a right secured by 10 || the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 11 committed by a person acting under the color of state law. West v. Atkins,

(1988). 12 Plaintiff asks that the state prosecute a private citizen, namely an individual said to have 13 || killed his mother. Plaintiff adds that the individual is a cannibal. 14 These allegations are patently inactionable and fail to state a claim under

. 3 15 Because no amount of amendment would cure the deficiencies in this complaint, leave to amend is a 16 || denied.

17 CONCLUSION S 18 The complaint is dismissed with prejudice. The Clerk is requested to close this case. 19 IT IS SO ORDERED. 20 || Dated: July 17, 2023 21 22 JAMES D@MATO 23 United Stes District Judge 24 25 26 27 28