ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND THIRD AMENDED COMPLAINT DUE WITHIN THIRTY DAYS (ECF No. 15)
Plaintiff Sylester Williams ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action August 3, 2010. (ECF No. 1.) Plaintiff has since filed two additional complaints: First Amended Complaint filed March 28, 2011 and Second Amended Complaint filed May 10, 2011. (ECF Nos. 12 & 15.) The Second Amended Complaint is now before the Court for screening.
For the reasons set forth below, the Court finds that Plaintiff's Second Amended Complaint fails 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 COMPLAINT
Plaintiff is in the custody of the California Department of Corrections and Rehabilitation and is currently housed at Corcoran State Prison. Plaintiff alleges that he was subjected to cruel and unusual punishment in violation of the Eighth Amendment. He names the following individuals as Defendants: R. Anderson and M. Camps.
Plaintiff alleges that the ventilation system in the secured housing unit is inadequate and unsanitary. Plaintiff states that the ventilation system is old, outdated, littered with trash, and smells of feces. He further states that Defendants allowed this to occur and build up over time. Plaintiff states that the smell contaminates food and clothing, and has infiltrated the living and eating quarters. This has caused Plaintiff to seek medical attention for an upset stomach, cramps, nausea, and abdominal pain.
Plaintiff states that in 2009 and 2010 he complained about the ventilation conditions to Defendants Camp and Anderson. Both Defendants declined to take any action.
Plaintiff seeks compensatory and punitive damages, and injunctive relief.
For the reasons set forth below Plaintiff has failed to state a cognizable claim for relief. Plaintiff shall be given one additional opportunity to file a Third 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 ...