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Aaron James Pierce v. Dr. E. Flores

April 14, 2011

AARON JAMES PIERCE,
PLAINTIFF,
v.
DR. E. FLORES, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISMISSING COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE A CLAIM THIRTY-DAY DEADLINE

(Doc. 1)

Screening Order

I. Screening Requirement and Standard

Plaintiff Aaron James Pierce, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 20, 2010. The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted."

28 U.S.C. § 1915(e)(2)(B)(ii).

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

To state a claim, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Id. at 1949. This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

II. Plaintiff's Complaint

A. Summary of Allegations

Plaintiff brings this action against Dr. E. Flores, Chief Medical Officer A. Youssef, and Warden Steve Trevino based on events which occurred while he was housed at North Kern State Prison (NKSP) in Delano, California.*fn1 As relief, Plaintiff seeks damages and an injunction mandating that he be provided with a cane, effective pain medication, and physical therapy.

Plaintiff suffers from arthritis in his pelvis, hand, and foot and when he arrived at NKSP, he asked Defendant Flores to return his cane and prescribe Tylenol Number 3, both of which he had used for years. Plaintiff also asked for physical therapy for his pelvis, hand, and foot, but Defendant Flores denied his requests. When Plaintiff asked why, Defendant Flores told him that the prison could not afford those things, that he did not need a cane or Tylenol Number 3, and that he could run laps around the prison yard for physical therapy. Defendants Youssef and Trevino then denied Plaintiff's medical appeals. ///

B. Medical Care ...


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