ALLISON CLAIRE, Magistrate Judge.
Defendants removed this action from the Sacramento County Superior Court to this district on September 11, 2017. ECF No. 2. On September 13, 2017, the court screened plaintiff's complaint and determined that it stated multiple unrelated claims against more than one defendant. ECF No. 4. Plaintiff has now filed an amended complaint, and the court must screen it. ECF No. 7.
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The screening obligation applies where a complaint is removed from state court.
A claim "is [legally] frivolous where it lacks an arguable basis either in law or in fact."
"Federal Rule of Civil Procedure 8(a)(2) 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.'"
"[A] complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'"
Plaintiff alleges that, on June 23, 2016, he filed a staff complaint which accused defendant Baker of sexually harassing him. ECF No. 7 at 4. After doing so, he claims that defendants Baker, Gonzalez, Rashid, Whitehead, and Marquez undertook a campaign of retaliation against him.
The court finds that the foregoing allegations are sufficient to state: (1) First Amendment retaliation claims against defendants Baker, Gonzalez, Rashid, Whitehead, and Marquez; (2) a claim under section 1983 that defendants Baker, Gonzalez, Rashid, Whitehead, and Marquez conspired to retaliate against plaintiff; (3) Eighth Amendment claims for interference with medical care against defendants Gonzalez, Marquez, Rashid, and Whitehead; and (4) Eighth Amendment sexual harassment claims against defendants Baker and Gonzalez.
Based on the foregoing, it is ORDERED that:
1. The allegations in the pleading are sufficient to state potentially cognizable (1) First Amendment retaliation claims against defendants Baker, Gonzalez, Rashid, Whitehead, and Marquez; (2) section 1983 conspiracy claims against defendants Baker, Gonzalez, Rashid, Whitehead, and Marquez to retaliate against plaintiff for protected conduct; (3) Eighth Amendment claims for interference with medical care against defendants Gonzalez, Marquez, Rashid, and Whitehead; and (4) Eighth Amendment sexual harassment claims against defendants Baker and Gonzalez;
2. Of the relevant defendants, only Rashid has not been served. Accordingly, with this order the Clerk of the Court shall provide to plaintiff a blank summons, a copy of the October 4, 2017 first amended complaint, and one USM-285 form and instructions for service of process on defendant Rashid. Within 30 days of service of this order plaintiff should return the attached Notice of Submission of Documents with the completed summons, the completed USM-285 form, and two copies of the endorsed complaint. The court will transmit them to the United States Marshal for service of process pursuant to Rule 4 of the Federal Rules of Civil Procedure. Defendant Rashid will be required to respond to plaintiff's allegations within the deadlines stated in Rule 12(a)(1) of the Federal Rules of Civil Procedure.
3. Plaintiff is cautioned that failure to comply with this order may result in dismissal of this action for failure to prosecute.
4. The amended complaint does not state any claims against defendant Palko and, consequently, the Clerk of Court shall terminate him as a party to this action.
IT IS SO ORDERED.
In accordance with the court's