Opinion
No. C 02-0379 PJH (PR) (Doc 4)
April 29, 2002
ORDER OF DISMISSAL; DENIAL OF LEAVE TO PROCEED IN FORMA PAUPERIS
This is a pro se civil rights complaint under 42 U.S.C. § 1983 filed by an inmate at a federal prison in Texas. He has been granted leave to proceed in forma pauperis.
BACKGROUND
Plaintiff asserts that his wife was raped in his home in August and September of 1989, after which she was incarcerated with him at San Quentin, Vacaville, and Atascadero "for sexual purposes." This is alleged to have occurred in the period 1989 through 1994, although he also states that the period was 1991-1993.
DISCUSSION
A. Standard of Review
Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief Id. at 1915A(b)(1), (2). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).
B. Legal Claims
Plaintiff's claims are barred by the California statute of limitations, which for claims by incarcerated prisoners is at most three years. See Cal. Civ. Proc. Code §§ 340(3), § 352.1(a). They are also frivolous, see Neitzke v. Williams, 490 U.S. 319, 328 (1989) (complaints containing "fantastic or delusional scenarios with which federal district judges are all too familiar" may be dismissed as frivolous), and are barred by the Eleventh Amendment, see Alabama v. Pugh, 438 U.S. 781, 781-82 (1978) (states and their agencies protected by Eleventh Amendment). No amendment could cure these deficiencies, so the complaint will be dismissed without leave to amend.
CONCLUSION
Leave to proceed in forma pauperis (doc 4) is DENIED. For the reasons set out above, this action is DISMISSED with prejudice.
The Clerk shall close the file.