Assuming without deciding that Defendant Paik acted under color of law by as a state contract provider, see e.g., Brentwood Academy, 531 U.S. at 295, 121 S.Ct. 924; Pollard v. GEO Group, Inc., No. 07-16112, 2010 WL 5028447, at *8-13 (9th Cir. Dec. 10, 2010); Villegas v. Gilroy Garlic Festival Ass'n, 541 F.3d 950, 954-55 (9th Cir. 2008), there are no factual allegations supporting a claim that he knowing disregarded an excessive risk of harm to Plaintiff's health while Plaintiff was in the hospital. The conclusory allegation that Plaintiff did not receive therapy while in the hospital for five days falls well short of supporting an Eighth Amendment claim against Defendant Paik. The Court recommends dismissal of the claim against Defendant Paik, with prejudice.