The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
FINDINGS AND RECOMMENDATION FOR DISMISSAL WITH PREJUDICE OF PLAINTIFF'S SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF No. 32)
OBJECTION DUE WITHIN THIRTY DAYS
Plaintiff Craig G. Cooper ("Plaintiff") is a state prisoner proceeding pro se on a January 27, 2011, Second Amended civil rights Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 32.) This action was originally filed in State Court and then removed by Defendants to this Court. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 22, 2010, Defendant filed a Motion to Dismiss Plaintiff's Complaint. (ECF No. 25.) After briefing, the Motion was granted, but the Court gave Plaintiff leave to amend. (ECF. Nos. 29 & 31.)
Plaintiff filed a Second Amended Complaint which is now before the Court for screening. For the reasons set forth below, the Court finds that Plaintiff has failed to state a claim upon which relief may be granted.
II. SCREENING REQUIREMENTS
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).
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). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.
III. SUMMARY OF SECOND AMENDED COMPLAINT
Plaintiff brings this action for violation of his right to be free from cruel and unusual punishment under the Eighth Amendment. He names as Defendants James Yates, Warden, and Felix Igbinosa, Chief Medical Officer, at Pleasant Valley State Prison ("PVSP"). (Defendant Igbinosa was not named as a defendant in the original Complaint.)
Plaintiff now alleges the following: In 1999, Plaintiff was transferred to PVSP where he remains in custody. In June 2006, he contracted Coccidioidomycosis ("Valley Fever"). He has been hospitalized with symptoms related to Valley Fever, including chronic breathing problems, acute coughing, severe weight loss, and chest and heart problems, and continues to receive treatment for the condition.
Plaintiff seeks monetary damages and ...