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Larry D. Jones v. Jayanta Choudhury

June 23, 2011

LARRY D. JONES,
PLAINTIFF,
v.
JAYANTA CHOUDHURY, M.D., ET AL.,
DEFENDANTS.



ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1) AMENDED COMPLAINT DUE WITHIN/ THIRTY DAYS SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Larry D. Jones ("Plaintiff"), an inmate in the custody of the California Department of Corrections and Rehabilitation ("CDCR"), is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 8, 2010. (ECF No. 1.) No other parties have appeared.

Plaintiff's Complaint is now before this Court for screening. For the reasons set forth below, the Court finds that Plaintiff has failed to state any cognizable claims.

II. SCREENING REQUIREMENTS

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or 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, 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 that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

III. SUMMARY OF COMPLAINT

Plaintiff brings this action for inadequate medical care in violation of the Eighth Amendment. Plaintiff names the following individuals as Defendants: Jayanta Choudhury, M.D. and Community Regional Medical Center.

Plaintiff alleges as follows: On October 27, 2008, Plaintiff had a colonoscopy performed by Defendant Choudhury at Fresno Community Hospital. Unbeknownst to anyone, during the procedure, Plaintiff's intestinal organs were lacerated. After the procedure, Plaintiff returned to prison and became very ill, suffering severe pain, and throwing up. Plaintiff was taken back to the hospital. Defendant Choudhury said everything was fine and sent Plaintiff back to the prison. The following day Plaintiff was again taken back to the hospital where he received a blood transfusion, and another colonoscopy which discovered that his intestines had been lacerated during the first procedure. Plaintiff went into surgery to repair the damage. Two permanent clamps were used to stop the bleeding. Plaintiff was also given another blood transfusion from which he contracted Hepatitis C.

Plaintiff seeks compensatory damages.

IV. ANALYSIS

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. ยง 1983. "Section 1983 . . . creates a cause of action for violations of the federal ...


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