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Darryl Lee Dunsmore v. San Diego County Sheriff's Dep't

May 17, 2011

DARRYL LEE DUNSMORE,
PLAINTIFF,
v.
SAN DIEGO COUNTY SHERIFF'S DEP'T, ET AL.
DEFENDANTS.



The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

CDCR # AD-6237,

ORDER:

(1) DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER [ECF Nos. 8, 10, 16, 20]; (2) DENYING MOTION FOR APPOINTMENT OF COUNSEL [ECF No. 14]; (3) DENYING MOTIONS FOR REQUEST OF WAIVER OF RULES; RELIEF FROM JUDGMENT AND FOR PERMISSION OF REMOVAL OF EXHIBITS [ECF Nos. 12-15]; and (4) DISMISSING FIRST AMENDED COMPLAINT FOR FAILING TO STATE A CLAIM PURSUANT TO 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b)

I. PROCEDURAL HISTORY

On January 14, 2011, Plaintiff, a state inmate currently incarcerated at the California State Prison located in Lancaster, California, and proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. In his original Complaint, Plaintiff alleges that his constitutional rights were violated when he was housed in the San Diego Central Jail. In addition, Plaintiff filed a Motion to Proceed In Forma Pauperis (IFP) pursuant to 28 U.S.C. § 1915(a). The Court granted Plaintiff's Motion to Proceed IFP and sua sponte dismissed his Complaint for failing to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b). See Mar. 1, 2011 Order at 5-6. Plaintiff was granted leave to file an Amended Complaint in order to correct the deficiencies of pleading identified by the Court. Id. Plaintiff filed his First Amended Complaint on April 8, 2011. In addition, Plaintiff has filed a number of miscellaneous motions, along with four Motions for Temporary Restraining Order.

II. SCREENING PURSUANT TO 28U.S.C.§§1915(e)(2)&1915A(b)

The Prison Litigation Reform Act ("PLRA")'s amendments to 28 U.S.C. § 1915 also obligates the Court to review complaints filed by all persons proceeding IFP and by those, like Plaintiff, who are "incarcerated or detained in any facility [and] accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms or conditions of parole, probation, pretrial release, or diversionary program," "as soon as practicable after docketing." See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Under these provisions, the Court must sua sponte dismiss any prisoner civil action and all other IFP complaints, or any portions thereof, which are frivolous, malicious, fail to state a claim, or which seek damages from defendants who are immune. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A; Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (§ 1915(e)(2)); Resnick v. Hayes, 213 F.3d 443, 446 n.1 (9th Cir. 2000) (§ 1915A).

A. Rule 8

As a preliminary matter, the Court finds that Plaintiff's First Amended Complaint fails to comply with Rule 8. Specifically, Rule 8 provides that in order to state a claim for relief in a pleading it must contain "a short and plain statement of the grounds for the court's jurisdiction" and "a short and plain statement of the claim showing that the pleader is entitled to relief." FED.R.CIV.P. 8(a)(1) & (2). Plaintiff's First Amended Complaint is rambling and nearly incomprehensible. If Plaintiff chooses to file an Amended Complaint, he must not only comply with Rule 8, he must abide by S.D. CIVLR 8.2(a) (providing that complaints by prisoners must use the court approved form and may attach no more than fifteen (15) additional pages.)

B. Eighth Amendment claims

In Plaintiff's original Complaint, he alleges that he was denied adequate medical care by jail officials while he was housed under the custody of the San Diego County Sheriff's Department. Plaintiff, in filing a First Amended Complaint, appears to also claim that he was later convicted and denied adequate medical care by prison officials while housed at the Richard J. Donovan Correctional Facility ("RJD").

In order to assert a claim for inadequate medical care, Plaintiff must allege facts which are sufficient to show that each person sued was "deliberately indifferent to his serious medical needs." Helling v. McKinney, 509 U.S. 25, 32 (1993); Estelle v. Gamble, 429 U.S. 97, 106 (1976). Officials must purposefully ignore or fail to respond to Plaintiff's pain or medical needs; neither an inadvertent failure to provide adequate medical care, nor mere negligence or medical malpractice constitutes a constitutional violation. Estelle, 429 U.S. at 105-06.

Thus, to state a claim, Plaintiff must allege facts sufficient to show both: (1) an objectively "serious" medical need, i.e., one that a reasonable doctor would think worthy of comment, one which significantly affects his daily activities, or one which is chronic and accompanied by substantial pain, see Doty v. County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994); and (2) a subjective, and "sufficiently culpable" state of mind on the part of each individual Defendant. See Wilson v. Seiter, 501 U.S. 294, 302 (1991).

Plaintiff's First Amended Complaint contains very few factual allegations and fails to identify any of the Defendants who are named in the caption in the body of the First Amended Complaint. Plaintiff does allege that he "suffers from a rare form of arthritis Ankylosing Spondylitis" for which he has not received adequate treatment. (FAC at 11.) However, once again, Plaintiff fails to identify with any specificity how any individual Defendants knew of his "serious" medical, yet deliberately disregarded his need for appropriate. See Estelle, 429 U.S. at 105-06. There are no facts related to any of the named fifty six (56) Defendants in the body of the First Amended Complaint. Moreover, Plaintiff has not set forth which facts ...


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