Cooper

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT [Doc. No. 11]

Pending before this Court is defendants Motion to Dismiss the Complaint against Rosie Garcia, O’Donnell, and J. Nettles under Federal Rule of Civil Procedure Rules 12(b), 12(b)(1), and 12(b)(6). [Doc. No. 11.] Plaintiff in pro per, Frederick A. Cooper, did not file an Opposition to the motion. Moving parties did not request any oral argument. The matter was taken under submission on the papers and without oral argument pursuant to Local Rule 7.1(d)(1). Upon careful consideration of the facts and the law and with good cause appearing, defendants’ motion to dismiss is GRANTED; however, plaintiff shall be granted 60 days leave to amend his Eighth Amendment (Count 1) claim for relief only. All other claims for relief are DISMISSED as set forth below.

I. BACKGROUND

Plaintiff, an inmate at Centinela State Prison, has filed a pro se complaint seeking damages and injunctive relief pursuant to 42 U.S.C. § 1983 alleging two constitutional claims. First, plaintiff claims his Eighth Amendment right to be free from cruel and unusual punishment is being violated by defendants because prison officials have denied…