Casterlow v. Chmielewski

Summary

The United States District Court for the Eastern District of California screened a pro se detainee's 42 U.S.C. § 1983 complaint alleging theft of mail and property, eviction from a halfway house, and towing of an RV. The court held that the complaint failed to allege that defendants acted under color of state law, granted leave to proceed in forma pauperis, and dismissed the complaint with leave to amend. Plaintiff was ordered to file an amended complaint or notice of voluntary dismissal within thirty days.

Holdings

1. The complaint failed to state a cognizable § 1983 claim because it did not allege that defendants acted under color of state law.
2. The complaint was dismissed for failure to state a claim under the court's mandatory in forma pauperis screening authority.
3. Plaintiff was granted leave to file an amended complaint within thirty days or alternatively file a notice of voluntary dismissal without prejudice.

Questions Presented

1. Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983.
2. Whether the complaint should be dismissed under the in forma pauperis screening requirements for failure to state a claim.
3. Whether plaintiff should be granted leave to amend.

Disposition

dismissed