The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM WITH LEAVE TO AMEND (DOC. 1)
RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Tyson Joiel Suggs ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on January 24, 2011. 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).
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 Atl. 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.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
Plaintiff was previously incarcerated at California State Prison, Corcoran, where the events giving rise to this action occurred. Plaintiff names as Defendants California Department of Corrections and correctional officer R. V. Pruneda.
Plaintiff alleges the following. On June 4, 2009, Plaintiff was approached by Defendant Pruneda. Defendant Pruneda began to harass and stalk Plaintiff, questioning whether Plaintiff was enrolled in the Enhanced Outpatient Program ("EOP"). Plaintiff is enrolled in the mental health services delivery system program as a member of EOP. The program is also a mental health program. Plaintiff contends that his mental healthcare worker threatened to drug Plaintiff.
Plaintiff contends that he is mentally harassed, and was abducted and kidnapped because Defendant Pruneda stalked and insulted Plaintiff. Plaintiff requests as relief monetary damages.
It is unclear what constitutional right Defendant Pruneda allegedly violated. If Plaintiff is alleging a violation of the Eighth Amendment, Plaintiff fails to state a claim. "[V]erbal harassment or abuse . . . [alone] is not sufficient to state a constitutional deprivation under 42 U.S.C. § 1983." Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987) (citation and internal quotation omitted).
Regarding the CDCR, Plaintiff fails to state a claim. The Eleventh Amendment bars suits against state agencies, as well as those where the state itself is named as a defendant. Lucas v. Dep't Of Corr., 66 F.3d 245, 248 (9th Cir. 1995) (per curiam); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Here, ...