The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
FIRST SCREENING ORDER ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM, WITH LEAVE TO AMEND THIRTY DAY DEADLINE
I. RELEVANT PROCEDURAL HISTORY
Anthoney Lynch ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on December 12, 2009. (Doc. 1.) Plaintiff's Complaint is now before the Court for screening.
II. SCREENING REQUIREMENT
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 only 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, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. While factual allegations are accepted as true, legal conclusions are not. Id. at 1949.
III. SUMMARY OF COMPLAINT
Plaintiff is presently incarcerated at Corcoran State Prison in Corcoran, California. At the time of the events at issue in the Complaint, Plaintiff was incarcerated at Pleasant Valley State Prison ("PVSP"), in Coalinga, California. Plaintiff names five John/Jane Doe Defendants: Warden of PVSP, Assistant Warden of PVSP, State Prison Commissioner, Unknown Municipality, and Unknown Construction Company ("Defendants").
Plaintiff alleges that while he was housed at PVSP from March 2000 to December 2002, John Doe authorized the construction of a lockup/medical facility that caused contaminated soil to become airborne and caused Plaintiff to contract the disease known as Valley Fever. Plaintiff was hospitalized for nearly ten months and endured two open chest surgeries, two back surgeries, multiple aspirations, and a grueling nine-month intravenous program that caused Plaintiff to lose over thirty pounds. It has been recommended that Plaintiff endure two more open chest surgeries. Plaintiff has suffered from Valley Fever for over five years and has suffered back pain, headaches, multiple back surgeries, and back aspirations, all while being misdiagnosed.
Plaintiff requests monetary damages as relief. Plaintiff also requests a court order directing PVSP to provide him with information to assist in the litigation of this action.
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 action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. "Section 1983 . . . creates a cause of action for violations of the federal Constitution and laws." Sweeney v. Ada County, Idaho, 119 F.3d 1385, 1391 (9th Cir. 1997) (internal quotations omitted). "To the extent that the violation of a state law amounts to the deprivation of a state-created interest that reaches ...