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Theron N. Lynch v. J St. Clair

August 21, 2011

THERON N. LYNCH,
PLAINTIFF,
v.
J ST. CLAIR, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM (ECF No. 11) CLERK SHALL CLOSE THE CASE

Plaintiff Theron N. Lynch ("Plaintiff") is a state prisoner proceeding pro se in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff consented to Magistrate Judge jurisdiction on July 7, 2009 and no other parties have appeared. (ECF No. 7.)

On March 4, 2010, the Court dismissed Plaintiff's original Complaint for failure to state a claim. (ECF No. 10.) Plaintiff filed his First Amended Complaint on April 9, 2010, and that Complaint is now before the Court for screening. (ECF No. 11.)

I. 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 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, ___ U.S. ___, ___, 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). Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 1949-50.

II. PLAINTIFF'S AMENDED COMPLAINT

Plaintiff's Amended Complaint consists of a half page of factual allegations. He names only one Defendant, a Dr. Moore.

Plaintiff alleges as follows:

On October 12, 2006, Plaintiff made an appointment with Defendant Moore, staff psychologist at the Sierra Conservation Center, because of nightmares Plaintiff had after watching a television program which showed how African-Americans were abused by white Americans. Plaintiff was upset by this program, and wanted to talk to Defendant Moore in order to deal with the past, since he had lived through a period of time when African-Americans were abused by white Americans. Instead of treating Plaintiff, Defendant Moore gave "an uneducated racist sermon on the advancement of the [A]frican[A]merican." Plaintiff found this speech to be racist and discriminatory. Plaintiff alleges that he was provided with inadequate medical care.

III. ANALYSIS

Section 1983 "provides a cause of action for the 'deprivation of any rights, privileges, or immunities secured by the Constitution and laws' of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865 (1989).

To state a claim under Section 1983, a plaintiff must allege two essential elements:

(1) that a right secured by the Constitution or laws of the United ...


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