United States District Court, D. Hawaii
ORDER DISMISSING COMPLAINT WITH LEAVE TO
E. Kobayashi United States District Judge
the court is pro se Plaintiff Emanuel William's prisoner
civil rights complaint. Williams alleges Halawa Correctional
Facility ("HCF") Warden Francis X. Sequeira and
Captain Delan Paleka violated his right to due process under
the Fourteenth Amendment.
court has screened the Complaint pursuant to 28 U.S.C.
§§ 1915(e)(2) and 1915A(b)(1). For the following
reasons, the Complaint is DISMISSED for failure to state a
claim, with leave granted to amend as limited below.
Complaint provides little detail to support Williams's
claims. He alleges Defendants Sequeira and Paleka denied him:
(1) an "Administrative Review Proceeding" on four
separate occasions over a four month period (Count I); and
(2) educational, occupational, and social adjustment programs
(Count II). Williams provides no other pertinent details or
facts in support of these claims.
court must screen all prisoner civil actions commenced
pursuant to 28 U.S.C. § 1915(a), or brought by prisoners
seeking redress from government entities, officers, or
employees, see 28 U.S.C. § 1915A(a). Complaints
or claims that are frivolous, malicious, fail to state a
claim, or seek relief from an immune defendant must be
dismissed. 28 U.S.C. § 1915(e)(2); 28 U.S.C. §
1915A(b); 42 U.S.C. § 1997e (c)(1).
complaint must contain a "short and plain statement of
the claim showing that the pleader is entitled to
relief." Fed.R.Civ.P. 8(a)(2). This "does not
require detailed factual allegations, but it demands more
than an unadorned, the-defendant-unlawfully-harmed-me
accusation." Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007)).
complaint must contain "enough facts to state a claim to
relief that is plausible on its face." Twombly,
550 U.S. at 570. A claim is plausible "when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged." Iqbal, 556 U.S. at
678; see also Johnson v. City of Shelby, ___ U.S.
___, ___, 135 S.Ct. 346, 347 (2014) (per curiam) ("A
plaintiff . . . must plead facts sufficient to show that her
claim has substantive plausibility.").
determine whether a complaint satisfies Rule 8(a)(2), a court
must first identify the elements of the plaintiff's
claim(s) and then determine whether those elements could be
proven on the facts pleaded. See Iqbal, 556 U.S. at
se litigant's complaint is "held to less stringent
standards than formal pleadings drafted by lawyers."
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
curiam). The court construes the pleadings in the light
most favorable to a pro se plaintiff and accepts all factual
allegations in the complaint as true. Id. Leave to
amend should be granted unless it appears that amendment is
futile. Lopez v. Smith, 203 F.3d 1122, 1130 (9th
Cir. 2000) (en banc).
sustain an action under section 1983, a plaintiff must show
‘(1) that the conduct complained of was committed by a
person acting under color of state law; and (2) that the
conduct deprived the plaintiff of a federal constitutional or
statutory right.'" Hydrick v. Hunter, 500
F.3d 978, 987 (9th Cir. 2007) (citation omitted), vacated and
remanded on other grounds, 556 U.S. 1256 (2009); see also
West v. Atkins, 487 U.S. 42, 48 (1988); 42 U.S.C. §
1983 requires a connection between a defendant's actions
and a plaintiff's allegations. SeeMonell v.
Dep't of Soc. Serv., 436 U.S. 658 (1978); Rizzo
v. Goode, 423 U.S. 362 (1976). "A person
‘subjects' another to the deprivation of a
constitutional right, within the meaning of section 1983, if
he does an affirmative act, participates in another's
affirmative acts, or omits to perform an act which he is
legally required ...