United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
MATTER is before the Court under 28 U.S.C. § 1915A, 28
U.S.C. § 1915(e)(2)(B), and Fed.R.Civ.P. 12(b)(6) on the
Civil Rights Complaint Pursuant to 42 U.S.C. § 1983
filed by Plaintiff Wilfred Carbajal on August 4, 2016
(“Complaint”) (Doc. 1). The Court will dismiss
the Complaint for failure to state a claim and will impose a
“strike” under 28 U.S.C. § 1915(g).
FACTUAL AND PROCEDURAL BACKGROUND
Wilfred Carbajal is a prisoner incarcerated at the Otero
County Prison Facility (“OCPF”) in Chaparral, New
Mexico. (Doc. 1 at 1). Carbajal filed his Complaint asserting
civil rights violations under 42 U.S.C. § 1983. (Doc.
1). Carbajal's Complaint alleges violation of the
following constitutional rights:
“Count I: Constitutional violation of my right to be
free from cruel and unusual punishment including physical,
emotional, and psychological harm . . .
Count II: Violations of my fourth amendment right to be
secure in their persons. . .
Count III: Violation of Constitutional Amendment V . . .Nor
shall any person be subject for the same offense to be twice
put in jeopardy of life or limb.”
(Doc. 1 at 8-9). The supporting factual allegations of the
“Major Aragon came on 1B Pod and announced that this
pod is not a protective custody unit and all inmates will be
moved to housing 2 (which places us in imminent harm of
physical attack by inmates due to the nature of our charges.)
And anyone who refuses will be written up, placed in
disciplinary seg. our good time taken, loss of commissary,
and we would not be able to contact our family by phone,
visits, or mail . . .
Major Aragon with the approval of the warden's has made
it a personal issue to force men to enter prison confines
knowing that to do so would surely put men's lives in
(Doc. 1 at 8-9). Carbajal's address of record indicates
he is currently incarcerated at OCPF, but the claims he
asserts appear to arise out of conditions or events at a
different prison, Guadalupe County Correctional Facility
(“GCCF”). (Doc. 1 at 4).
only names four individuals in the case caption. (Doc. 1 at
1). However, he lists a total of 27 Defendants in the body of
his Complaint and seeks relief from additional entities and
individuals not even identified as Defendants in his
“Defendant Culpability” list. (Doc. 1 at 2-7,
13-14). Although Carbajal is the only identified Plaintiff,
Carbajal's Request for Relief indicates that
“we” seek damages ranging from $80 million
against the New Mexico Corrections Department to $350, 000
from certain case workers and a chaplain. (Doc. 1 at 11,
DISMISSAL FOR FAILURE TO STATE A CLAIM
Court has the discretion to dismiss a pro se complaint
sua sponte for failure to state a claim upon which
relief may be granted under Fed.R.Civ.P. 12(b)(6). A claim
should be dismissed where it is legally or factually
insufficient to state a plausible claim for relief. Bell
Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Under
Fed.R.Civ.P. 12(b)(6) the Court must accept all well-pled
factual allegations, but not conclusory, unsupported
allegations, and may not consider matters outside the
pleading. Twombly, 550 U.S. at 555; Dunn v.
White, 880 F.2d 1188, 1190 (10th Cir. 1989).
The court may dismiss a complaint under rule 12(b)(6) for
failure to state a claim if “it is ‘patently
obvious' that the plaintiff could not prevail on the
facts alleged.” Hall v. Bellmon, 935 F.2d
1106, 1109 (10th Cir. 1991) (quoting McKinney v. Oklahoma
Dep't of Human Services, 925 F.2d 363, 365 (10th
Cir. 1991)). A plaintiff must allege “enough facts to
state a claim to relief that is plausible on its face.”
Twombly, 550 U.S. at 570.
Court liberally construes the factual allegations in
reviewing a pro se complaint. See Northington v.
Jackson, 973 F.2d 1518, 1520-21 (10th Cir. 1992).
However, a pro se plaintiff's pleadings are judged by the
same legal standards that apply to all litigants and a pro se
plaintiff must abide by the applicable rules of court.
Ogden v. San Juan County,32 F.3d 452, 455
(10thCir. 1994). The court is not obligated to
craft legal theories for the plaintiff or to supply factual
allegations to ...