Weaver v. First Watch, PBSP

Filing 7

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 6/13/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 6/13/2014)

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*E-Filed 6/13/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

United States District Court
For the Northern District of California

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WILLIE WEAVER,
Plaintiff,

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ORDER OF DISMISSAL

v.

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No. C 14-0453 RS (PR)

CAPTAIN, et al.,
Defendants.

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/

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INTRODUCTION

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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner against his jailors at Pelican Bay State Prison. The original complaint was

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dismissed with leave to file an amended complaint. Plaintiff’s amended complaint fails to

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correct the deficiencies of the first, and is DISMISSED without prejudice.
DISCUSSION

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A.

Standard of Review
A “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim

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to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)

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(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

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plausibility when the plaintiff pleads factual content that allows the court to draw the

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No. C 14-0453 RS (PR)
ORDER OF DISMISSAL

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reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting

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Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal conclusions

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cast in the form of factual allegations if those conclusions cannot reasonably be drawn from

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the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754–55 (9th Cir. 1994).

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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements:

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that a right secured by the Constitution or laws of the United States was violated, and

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that the alleged violation was committed by a person acting under the color of state law. See

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West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

(1)
(2)

Legal Claims

United States District Court
For the Northern District of California

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Plaintiff alleges in his amended complaint that he is awakened at night by “bad air”

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coming through the vents that is causing him to cough. He asserts that he filed complaints

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with prison officials regarding this state of affairs. These allegations do not contain

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sufficient factual matter to state a claim for relief. First, he fails to allege specific facts

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indicating that a prison official knows that a prisoner faces a substantial risk of serious harm

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and disregards that risk by failing to take reasonable steps to abate it. Allegations of “bad

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air” and coughing do not indicate that defendants knew that plaintiff faced a substantial risk

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of serious harm and disregarded that risk. See Farmer v. Brennan, 511 U. S. 825, 837

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(1994). Second, naming First Watch as defendants does not show that these defendants were

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responsible for or caused the bad air.

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Accordingly, this civil rights action is DISMISSED without prejudice. Plaintiff may

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move to reopen the action. Any such motion must contain an amended complaint addressing

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and curing the serious deficiencies described in this order. The Clerk shall enter judgment in

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favor of defendants, and close the file.

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IT IS SO ORDERED.

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DATED: June 13, 2014
RICHARD SEEBORG
United States District Judge

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No. C 14-0453 RS (PR)
ORDER OF DISMISSAL

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