ORDER DISMISSING COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM THIRTY-DAY DEADLINE
Plaintiff Wesley Kane Campbell ("Plaintiff") is a state prisoner proceeding pro se in these civil rights actions pursuant to 42 U.S.C. § 1983. On November 16, 2010, Plaintiff filed a complaint in 1:10-cv-02137-OWW-GBC.*fn1 On November 29, 2010, Plaintiff filed a complaint in 1:10-cv-02200-OWW-SMS.
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 "fails to state a claim on which relief may be granted," or that "seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C § 1915(e)(2)(B).
In determining whether a complaint states a claim, the Court looks to the pleading standard under Federal Rule of Civil Procedure 8(a). Under 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)(2). "[T]he pleading standard Rule 8 announces does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 555 (2007)).
Under section 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S. Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). "[A] complaint [that] pleads facts that are 'merely consistent with' a defendant's liability . . . 'stops short of the line between possibility and plausibility of entitlement to relief.'" Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 557). Further, although a court must accept as true all factual allegations contained in a complaint, a court need not accept a plaintiff's legal conclusions as true. Iqbal, 129 S. Ct. at 1949. "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. (quoting Twombly, 550 U.S. at 555).
II. Complaint Allegations
Since this action was consolidated with 1:10-cv-02200-OWW-SMS, the Court will consider the allegations in both complaints in determining whether Plaintiff has stated a cognizable claim.
Plaintiff brings suit against Defendants Governor Arnold Schwarzenegger, Matthew Cate, an unnamed correctional officer, Director of Health Care, and all medical staff at California State Prison Corcoran. Plaintiff alleges that the unnamed correctional officer has been giving him food trays that smell like feces. When Plaintiff receives his food tray from correctional officers the food smells like feces and the food has feces in it. He has been feeling ill. Additionally, he has chronos in his file that have no merit and he wants them removed. Plaintiff is requesting twenty million dollars, all his health care to be paid, and a blood test.
Plaintiff brings suit against Defendants Director of Department of Corrections and Rehabilitation Matthew Cate, Governor Arnold Schwarzanegger, and Warden Lopez alleging that during 2009 he was receiving feces in every food tray that he received. Plaintiff has sent Defendant Schwarzenegger over thirty letters. Defendant Lopez has been sent letters stating that Plaintiff has been receiving trays containing feces. Additionally, Defendant Cate has "copied a chrono" that falsely designated Plaintiff as a sex offender. Plaintiff is seeking to have the designation removed from his record and 700 million dollars.
For the reasons set forth below, Plaintiff has failed to state a cognizable claim for relief. Plaintiff shall be given the opportunity to file an amended complaint curing the deficiencies described by the Court in this order. In the paragraphs that follow, the Court will provide Plaintiff with the legal standards that appear to apply to his claims. Plaintiff should carefully review the standards and amend only those claims that he believes, in good faith, are cognizable.