The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (Doc. 2)
Fred Jason Wright ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis. Plaintiff filed this action on September 6, 2007 in the United States District Court in the Northern District of California.*fn1 (Doc. 2.) The case was transferred to this Court on September 20, 2007. (Doc. 1.)
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 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
"Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions," none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a). "Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz, 534 U.S. at 512. However, "the liberal pleading standard . . . applies only to a plaintiff's factual allegations." Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). "[A] liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled." Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).
B. Summary of Plaintiff's Complaint
Plaintiff is a state prisoner at Pleasant Valley State Prison ("PVSP") in Coalinga, California. Plaintiff names "PVSP Medical Staff ," "Chief Medical Staff," and "Medical Doctors" as defendants in this action and alleges that on July 7, 2007, the PVSP Medical Staff completely removed him from pain medications that he had been taking daily for numerous years. Plaintiff further alleges that he has been granted inmate appeals allowing him to receive his medication which the PVSP Medical Staff refuse to honor.
Plaintiff seeks injunctive relief to either order PVSP medical staff to immediately renew his pain medications, or to transfer Plaintiff to a prison that will provide proper medical care.
It should be noted that Plaintiff's complaint is a chronological rendition of facts that do not delineate which facts he feels show violation(s) of any specific constitutional right(s). The Court provides Plaintiff with the following law that appears to apply to his factual scenario. However, if Plaintiff intended to pursue other constitutional violations, he must delineate them and correlate his claims for relief with their alleged factual basis. Plaintiff may be able to amend to correct deficiencies in his pleading so as to state cognizable claims. Thus, he is being given what appear to be the applicable standards based on his factual scenario and leave to file a first amended complaint.
The Civil Rights Act under which this action was filed provides:
Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an ...