United States District Court, E.D. California
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A COGNIZALBE CLAIM (ECF NO. 1)
MICHAEL J. SENG, Magistrate Judge.
I. PROCEDURAL HISTORY
Plaintiff Eddie Hamilton, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 4, 2014. (ECF No. 1.) His 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, malicious, " or 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).
III. SUMMARY OF COMPLAINT
Plaintiff identifies J. Quinonez and E. Lozano, correctional officers at Wasco State Prison (Wasco), as the sole defendants and alleges the following:
On February 19, 2013, Plaintiff was assaulted by his cellmate Carlos Richee. On March 8, 2013, prison officials formally documented Plaintiff and Richee as enemies. On April 2, 2013, Plaintiff told Defendants Quinonez and Lozano that Richee was back and that he and Richee had fought in February. "Defendant Lozano stated, if anything happen, do what you have to do and you won't get in any trouble." (Compl. at 5.)
That same day Plaintiff was attacked by Richee. (Id.) Plaintiff's nose and mouth were swollen, reddened, and scratched. Plaintiff asserts the Defendants failed to protect him from a substantial risk of harm in violation of the Eighth Amendment. (Id. at 6.)
A. Section 1983
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 (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 States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins , 487 U.S. ...