The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS OF DISMISSAL WITHOUT LEAVE TO AMEND (Doc. 11)
Plaintiff Billy Ray Maldonado ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 14). Plaintiff submitted his original complaint on December 30, 2011, which was dismissed with leave to amend on July 11, 2012. (Docs. 1, 9). Plaintiff timely filed his first amended complaint, which was against dismissed with leave to amend on March 5, 2013. (Docs. 11, 13). Plaintiff timely filed his second amended complaint, which the Court now screens pursuant to 28 U.S.C. § 1915(e)(2)(B).
For the reasons set forth below, Plaintiff fails to state a cognizable claim. Therefore, the Court RECOMMENDS dismissal of this matter without leave to amend.
Under 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a case in which the plaintiff proceeds in forma pauperis if the court determines that the case "fails to state a claim on which relief may be granted" or is "frivolous." A claim is frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to 2 contradict them." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). 3
A.Federal Rule of Civil Procedure 8(a)
"Pro se documents are to be liberally construed" and "'must be held to 'less stringent standards 6 than formal pleadings drafted by lawyers.'" Estelle v. Gamble, 429 U.S. 97, 106 (1976) (quoting Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). "[They] can only be dismissed for failure to state a 8 claim if it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim 9 which would entitle him to relief.'" Id. Under Federal Rule of Civil Procedure 8(a), "[a] pleading that states a claim for relief must contain: (1) a short and plaint statement of the grounds for the court's jurisdiction, . . . ; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." Fed. R. Civ. P. 8(a). Each allegation must be simple, concise, and direct. Fed. R. Civ. P. 8(d)(1). While a complaint "does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007) (internal quotation marks and citations omitted).
In analyzing a pleading, the Court sets conclusory factual allegations aside, accepts all nonconclusory factual allegations as true, and determines whether those non-conclusory factual allegations accepted as true state a claim for relief that is plausible on its face. Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949-52 (2009). "The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. at 1949 (internal quotation marks and citation omitted). In determining plausibility, the Court is permitted "to draw on its judicial experience and common sense." Id. at 1950.
At all times relevant to the complaint, Plaintiff was a prisoner at Pleasant Valley State Prison ("PVSP") located in Coalinga, CA. (Doc. 14 at 3). Plaintiff seeks monetary damages in his complaint against Defendants Beatrice, Jordan, and Cole, all correctional officers at PVSP, and against Defendant Dr. Wilson, a psychologist at PVSP.*fn1 Id. 3
Plaintiff is sixty years old and has been suicidal since the age of two. Id. at 3-4. He continues to struggle with unnamed emotional or mental disabilities. ID. Accordingly, Dr. Wilson accordingly 5 has treated Plaintiff for his emotional or mental difficulties. Id. Plaintiff suggests that the Court should 6 review his medical file because Dr. Wilson was not thorough in his course of psychological treatment. 7
On July 3, 2010, inmate Carter informed Defendant Jordan that he would
fight anyone that was
placed in his cell. Id. at 3. On an undisclosed date, Plaintiff was
selected for placement in Carter's cell. Id. As Plaintiff was entering
the cell, inmate Carter told Plaintiff that if he entered the cell
then Carter would fight Plaintiff. Id. Plaintiff did not believe he
would be able to sleep. Id. ...