United States District Court, D. Hawaii
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
PURSUANT TO 28 U.S.C. §§ 1915(E)(2) AND
A. OTAKE UNITED STATES DISTRICT JUDGE.
the court is pro se Plaintiff Louis Leona Staunton,
Jr.'s, prisoner civil rights Complaint brought pursuant
to 42 U.S.C. § 1983. Staunton alleges Defendants the
Hawaii Department of Public Safety (“DPS”),
Halawa Correctional Facility (“HCF”) Warden Scott
Harrington, Saguaro Correctional Center (“SCC”)
Warden Thomas, Core Civic of America, and Trans Core of
America (collectively, “Defendants”),
violated his civil rights under the Eighth Amendment when he
transferred from SCC to HCF.
following reasons, the Complaint is DISMISSED for failure to
state a colorable claim for relief pursuant to 28 U.S.C.
§§ 1915(e)(2) and 1915A(a). Staunton may file an
amended pleading on or before September 9, 2019.
court must conduct a pre-Answer screening of all prisoner
pleadings pursuant to 28 U.S.C. §§ 1915(e)(2) and
1915A(a). Claims or complaints that are frivolous, malicious,
fail to state a claim for relief, or seek damages from
defendants who are immune from suit must be dismissed.
See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir.
2000) (en banc); Rhodes v. Robinson, 621 F.3d 1002,
1004 (9th Cir. 2010).
under §§ 1915(e)(2) and 1915A(a) involves the same
standard of review as that used under Federal Rule of Civil
Procedure 12(b)(6). See Rosati v. Igbinoso, 791 F.3d
1037, 1039 (9th Cir. 2015) (citation omitted). Under Rule
12(b)(6), a complaint must “contain sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (internal quotation marks omitted). A
claim is “plausible” when the facts alleged in
the complaint would support a reasonable inference that the
plaintiff is entitled to relief from a specific defendant for
specific misconduct. Id. at 678 (citation omitted).
8(a)(2) of the Federal Rules of Civil Procedure
“requires only ‘a short and plain statement of
the claim showing that the pleader is entitled to
relief,' in order to ‘give the defendant fair
notice of what the . . . claim is and the grounds upon which
it rests.'” Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007) (quoting Conley v. Gibson,
355 U.S. 41, 47 (1957)). “Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Id. The
“mere possibility of misconduct, ” or an
“unadorned, the defendant-unlawfully- harmed me
accusation” falls short of meeting this plausibility
standard. Id. at 678-79; see also Moss v. U.S.
Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009).
state a claim, a complaint must contain more than “a
formulaic recitation of the elements of a cause of
action”; it requires factual allegations sufficient
“to raise a right to relief above the speculative
level.” Twombly, 550 U.S. at 555. “All
that is required is that the complaint gives ‘the
defendant fair notice of what the plaintiff's claim is
and the ground upon which it rests.'” Kimes v.
Stone, 84 F.3d 1121, 1129 (9th Cir. 1996) (quoting
Datagate, Inc. v. Hewlett-Packard Co., 941 F.2d 864,
870 (9th Cir. 1991)).
litigants' pleadings must be liberally construed and all
doubts should be resolved in their favor. Hebbe v.
Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations
omitted). The court must grant leave to amend if it appears
the plaintiff can correct the defects in the complaint,
Lopez, 203 F.3d at 1130, but if a claim or complaint
cannot be saved by amendment, dismissal with prejudice is
appropriate. Sylvia Landfield Tr. v. City of L.A.,
729 F.3d 1189, 1196 (9th Cir. 2013).
Counts I-III Staunton checks “Threat to safety”
and “Medical care, ” as the basis of his claims.
Compl., ECF No. 1, at PageID #3, 5, 6. Staunton states:
Upon my return to Hawaii from CCA Correctional Facility in
Arizona, while exiting the bus here at [HCF], I sustained a
Due to the flawed design in the seatbelt restraints my ankles
became twisted and entangled. Unable to break my fall, and
with no assistance from the nearest SORT team member, I fell
face first unto the concrete surface.
I received a large gash above my right eye brow, numerous
bruises and abrasions and ...