Can a second amended complaint be dismissed for failing to state an equal protection claim?

The second amended complaint does not materially differ from the first amended complaint. It does, however, attempt to plead an equal protection claim based upon the same allegations. Those allegations fail to state a cognizable claim. They fail to articulate facts showing disparate treatment and they do not show that any defendant acted with an intent or purpose to discriminate against plaintiff because of his membership in a protected class. See Thornton v. City of St. Helens, 425 F.3d 1158, 1166-67 (9th Cir. 2005). Moreover, there are no new allegations curing the deficiencies the court has already identified. Thus, the second amended complaint must be dismissed for failure to state a claim upon which relief could be granted.