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Antonio J. Martinez v. A. Enenmoh

May 13, 2011

ANTONIO J. MARTINEZ,
PLAINTIFF,
v.
A. ENENMOH, ET AL.,
DEFENDANTS.



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

ORDER DISMISSING AMENDED COMPLAINT, WITH LEAVE TO AMEND, FOR FAILURE TO STATE ANY CLAIMS (Doc. 4)

THIRTY-DAY DEADLINE

Screening Order

I. Screening Requirement and Standard

Plaintiff Antonio J. Martinez, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 17, 2010. Pending before the Court is Plaintiff's amended complaint, filed June 28, 2010.*fn1

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. Iqbal, 129 S.Ct. at 1949; Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). 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 Amended Complaint

A. Summary of Allegations

Plaintiff, who is incarcerated at the California Substance Abuse Treatment Facility in Corcoran, brings this action against Defendant Villasenor, a licensed vocational nurse, for refusing to give Plaintiff his pain medication on November 19, 2007. Defendant Villasenor told Plaintiff that his prescription expired on November 16, 2007, but Plaintiff alleges that his prescription did not expire until December 6, 2007, and Defendant's excuse was belied by the fact that she delivered Plaintiff's medication to him on November 17, 2007, and November 18, 2007.

On another occasion, Defendant Villasenor had Plaintiff's cellmate sign for Plaintiff's medication in his absence. When Plaintiff questioned Defendant Villasenor on what authority she allowed another inmate to sign for his medication, Defendant told Plaintiff he should be happy he received his vitamins.

Plaintiff filed inmate appeals regarding the incidents. Defendants Stice and Nicholas, both supervising registered nurses, claimed they conducted an investigation, but they found that Defendant Villasenor did not violate prison policy with respect to either incident. Plaintiff pursued his appeals to the next level of review, where Defendant Enenmoh, the Chief Medical Officer, sustained Defendants Stice and Nicholas's findings.

On October 8, 2009, Plaintiff filed another inmate appeal seeking pain medication, but Defendant Miller, a health care appeals coordinator, rejected his appeal. Defendant Miller informed him that the issue should be raised in a CDCR form 7362 (sick call slip) and said he could not use an inmate appeal to request health care. Plaintiff alleges that he previously requested to see a doctor but he was told that he had to wait to obtain pain medication, so he was filing an inmate appeal concerning the length of time it was taking to receive proper medical attention. Plaintiff made several attempts to persuade Defendant Miller to ...


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