United States District Court, D. Oregon
ORDER TO DISMISS
A. Hernandez United States District Judge.
filed this prisoner civil rights case on September 9, 2019,
and the Court recently granted him in forma pauperis
status. However, for the reasons set forth below,
Plaintiff's Complaint is dismissed for failure to state a
claim upon which relief may be granted. See 28 U.S.C. §
seeks to bring this case as a class action on behalf of
himself and 150 other prisoners, challenging the conditions
of confinement at the Lane County Jail. He seeks $153, 500,
000 in damages.
to 28 U.S.C. § 1915A(a), the Court is required to screen
prisoner complaints seeking relief against a governmental
entity, officer, or employee and must dismiss a complaint if
the action is frivolous, malicious, or fails to state a claim
upon which relief may be granted. 28 U.S.C. §§
1915(e)(2)(B) and 1915A(b) . In order to state a claim,
Plaintiff's Complaint must contain sufficient factual
matter which, when accepted as true, gives rise to a
plausible inference that defendants violated plaintiff's
constitutional rights. Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550
U.S. 554, 556-57 (2007). "Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice." Iqbal, 556 U.S. at
for failure to state a claim is proper if it appears beyond
doubt that Plaintiff can prove no set of facts in support of
his claims that would entitle him to relief. Ortez v.
Washington County, 88 F.3d 8 04, 806 (9th Cir. 1996);
Cervantes v. City of San Diego, 5 F.3d 1273, 1274
(9th Cir. 1993). Because Plaintiff is proceeding pro
se, the Court construes his pleadings liberally and
affords him the benefit of any doubt. Erickson v.
Pardus, 551 U.S. 89, 94 (2007); Ortez, 88 F.3d
initial matter, plaintiff purports to bring this case as a
class action but has not satisfied the class action
prerequisites identified in Fed.R.Civ.P. 23. In addition, it
is well settled that although a non-attorney may appear on
his own behalf, that privilege is personal to him. C.E.
Pope Equity-Trust v. United States, 818 F.2d 696,
691 (9th Cir. 1987); Storseth v.
Spellman, 654 F.2d 1349, 1355 (9th Cir. 1981). A
non-attorney has no authority to appear as an attorney for
others. Russell v. United States, 308 F.2d 78, 79
(9th Cir. 1962). Accordingly, this case may not proceed as a
respect to Plaintiff's allegations, he fails to state a
claim upon which relief may be granted. A plaintiff wishing
to bring a cause of action pursuant to 42 U.S.C. § 1983
must demonstrate compliance with the following factors: (1) a
violation of rights protected by the Constitution or created
by federal statute; (2) proximately caused; (3) by conduct of
a person; (4) acting under color of state law. Crumpton
v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991). A
plaintiff "must plead that each . . . defendant, through
the official's own individual actions, has violated the
Constitution." Iqbal, 556 U.S. at 676; see
also Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)
("Liability under section 1983 arises only upon a
showing of personal participation by the defendant" in
the alleged constitutional deprivation).
does not identify how any state actor personally deprived him
of a federal right. Instead, he generally alleges that various
conditions of confinement applicable to inmates at the Lane
County Jail are either unacceptable or violate rights in a
generic sense without reference to dates, individuals, or
specific circumstances. Accordingly, the Complaint is
dismissed for failure to state a claim.
on the foregoing, IT IS ORDERED that Plaintiff's
Complaint (#1) is DISMISSED for failure to state a claim.
Should Plaintiff wish to continue with this case, he must
file an amended complaint within 30 days that: (1) cures the
deficiencies with his prior Complaint; (2) names all
defendants in its caption; (3) describes how each named
defendant personally participated in the deprivation of a
federal right; (4) does not incorporate any prior document by
reference; and (5) is on the form provided by the court.
Plaintiff is advised that failure to file an amended
complaint shall result in the dismissal of this proceeding,
pending Motion to Designate Case as a Class Action (#4), and
Motions to be added to Class Action (#5, ...