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Bazley v. Gates

August 12, 2010

MICHAEL BAZLEY, PLAINTIFF,
v.
M. GATES, DEFENDANTS.



ORDER

Michael Bazley, an inmate confined at California State Prison, Solano, filed this pro se civil rights action under 42 U.S.C. § 1983. In addition to filing a complaint, plaintiff has filed an application to proceed in forma pauperis, as well as a motion for expedited review. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

I. Request to Proceed In Forma Pauperis

Plaintiff has requested leave to proceedin forma pauperis pursuant to 28 U.S.C. § 1915. Dckt. No. 2. Plaintiff's application makes the showing required by 28 U.S.C. § 1915(a)(1) and

(2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).

II. Screening Order

Pursuant to 28 U.S.C. § 1915A, the court shall review "a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." 28 U.S.C. § 1915A(a). "On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b).

A district court must construe a pro se pleading "liberally" to determine if it states a claim and, prior to dismissal, tell a plaintiff of deficiencies in his complaint and give plaintiff an opportunity to cure them. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000). While detailed factual allegations are not required, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570).

A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.

Id. (citations and quotation marks omitted). Although legal conclusions can provide the framework of a complaint, they must be supported by factual allegations, and are not entitled to the assumption of truth. Id. at 1950.

The Civil Rights Act under which this action was filed provides: Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . .

42 U.S.C. § 1983. An individual defendant is not liable on a civil rights claim unless the facts establish the defendant's personal involvement in the constitutional deprivation or a causal connection between the defendant's wrongful conduct and the alleged constitutional deprivation. See Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989); Johnson v. Duffy, 588 F.2d 740, 743-44 (9th Cir. 1978)

The court has reviewed plaintiff's complaint pursuant to 28 U.S.C. § 1915A.

Plaintiff alleges the following in his complaint, which names five defendants: Since July 2009, plaintiff has complained daily of liver and stomach pain and requested treatment of his hepatitis C. Dckt. No. 1, ¶ 13. Since July 2009, defendants have been aware of plaintiff's need for treatment due to his medical condition. Id. ¶ 15. Plaintiff has filed inmate appeals to secure proper medical treatment, but defendants have retaliated against him in response. Id. ¶ 15 (second). In retaliation, defendants have subjected plaintiff to hostility and abuse. Id. They also cancelled a liver biopsy that had been scheduled for plaintiff on April 23, 2010, and then transferred plaintiff to another prison on April 29, 2010. Id. Defendants have denied plaintiff medical treatment because he has not been in custody for at least eighteen months. Id. Plaintiff also has a seizure disorder for which defendants have prescribed him medication. Id. ¶ 16. This medication has damaged plaintiff's liver and defendants knew of or should have known it can be fatal for a person with hepatis C to be taking this drug. Id. ¶ 17.

Plaintiff's complaint must be dismissed because it makes no allegations linking specific actions or omissions by specific defendants to a deprivation of plaintiff's rights. The court will provide plaintiff with the opportunity to file an amended complaint. If plaintiff wishes to pursue a claim against any defendant, plaintiff must identify each ...


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