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Brady K. Armstrong v. James A. Yates

June 29, 2011

BRADY K. ARMSTRONG,
PLAINTIFF,
v.
JAMES A. YATES, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS OBJECTIONS DUE WITHIN TWENTY-ONE DAYS(DOC.1)

Findings And Recommendations

I. Background

Plaintiff Brady K. Armstrong ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on December 22, 2010. Doc. 1.

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 Atl. 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.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

II. Summary Of Complaint

Plaintiff is incarcerated at Pleasant Valley State Prison ("PVSP") in Coalinga, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: James Yates, warden; R. H. Trimble, warden (A); M.C. Davis, captain of C facility; medical doctor R. Ferro;

R. Hansen, associate warden responsible for Americans With Disabilities Act ("ADA") prisoners; S. Dishman, registered nurse; T. Griffin, senior registered nurse; M. Gastelum, office assistant for the mailroom; D. Stone, correctional sergeant; Ray Galaviz, associate warden of central operations; D. B. Petrick, senior hearing officer; J. Mattingly, acting chief executive officer; R. Shannon, inmate appeals coordinator; D. D. Reeves, correctional sergeant of administrative segregation unit ("ASU"); Sparks, Aguerralde, J. Meyst, M. Martinez, B. Davi, and T. Ramos, prison guards; L. Ybarra, lieutenant; and Kanu, licensed vocational nurse ("LVN").

Plaintiff alleges the following. Plaintiff arrived at PVSP on February 6, 2006. Compl. ¶ 32. Plaintiff filed an inmate appeal regarding ongoing pain in his fingers, back, and neck. This grievance was denied at the Director's level on June 30, 2006. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 1, PVSP 06-00536.

Plaintiff filed another inmate grievance regarding being placed in the same cell with a violent inmate, who attacked Plaintiff. Compl. ¶ 33. Plaintiff is mobility-impaired, and requested a wheelchair, MRI, and follow-up with an eye doctor. Defendants Ferro and Hansen partially denied this grievance. This grievance was denied at the Director's level on October 12, 2006. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 2, PVSP 06-01421.

On May 25, 2006, Plaintiff filed an inmate grievance concerning violation of Title 15 of the California Code of Regulations. Compl. ¶ 34. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 3, PVSP 06-01733. Plaintiff names Defendants Grannis and Hudson as liable. Based on the submitted grievance, Plaintiff complains that Defendants rejected his inmate grievance at the Director's level review. Plaintiff had complained that after he was charged with a CDC 115 Serious Rules Violation, he was not provided a staff investigator.

Plaintiff contends that Defendant S. Dishman interfered with Plaintiff's medical visit on May 30, 2006. Compl. ¶ 35. Doctor Ramirez had requested Plaintiff's medical file, and Defendant Dishman attempted to search for Plaintiff's file, but intentionally failed to find it. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 4, PVSP 06-01640. Plaintiff also names as Defendants N. Grannis, T. Griffin, and J. Mattingly.

Plaintiff filed an inmate grievance on July 10, 2006, contending that Defendants M. Gastelum, D. Stone, J. Mattingly, and R. Galaviz violated Plaintiff's access to the courts. Compl. ¶ 36. Plaintiff grieved alleged denial of access to the courts when a letter was ripped open and not mailed. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 5, PVSP 06-02031.

Plaintiff filed an inmate grievance about being charged with battery on an inmate. Compl. ¶ 37. Plaintiff names Defendants N. Grannis, J. Mattingly, M. C. Davis, James A. Yates, R. Shannon, D. B. Petrick, R. H. Trimble, and R. Ladd as liable. Plaintiff specifically contends that Defendant Davis never interviewed Plaintiff prior to his placement in administrative segregation ("ad seg"), in violation of due process. Plantiff contends that Defendant R. Ladd submitted a biased and prejudice rules violation report. Plaintiff contends that he received loss of good time credit, and increased custody points, resulting in Plaintiff not being housed in lower custody CDCR program housing. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 7, PVSP 06-02350. Plaintiff alleges violations of due process and cruel and unusual punishment.

Plaintiff filed an inmate grievance on August 20, 2006, concerning a defective shower chair in the ASU Unit, which flipped over, causing injury to Plaintiff. Compl. ¶ 38. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 9, PVSP 06-02416.

Plaintiff filed an inmate grievance on May 21, 2009, complaining that Defendant J. Meyst used abusive language to Plaintiff. Compl. ¶ 39. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 10, PVSP 09-1134.

Plaintiff filed an inmate grievance on June 10, 2009, concerning Defendant S. Dishman attempting to harm Plaintiff by providing Plaintiff with another inmate's medication, as retaliation for Plaintiff filing a lawsuit against Defendant Dishman. Compl. ¶ 40. Plaintiff suffered severe chest pain, dizziness, violent nausea, and stomach sickness. Plaintiff attaches the grievance and incorporates it by reference. Compl., Ex. 11, PVSP 09-13479.

On December 17, 2009, Plaintiff suffered a diabetic medical condition, an urge to urinate. Compl. ΒΆ 43. There were no CDCR employees and no state prisoners in front of C1 building, where Plaintiff urinated into a trash can bag. Defendant M. Martinez exited the building and asked Plaintiff what he was doing. Defendant then requested Plaintiff to stop. Plaintiff told him that he could not, or he would be forced to urinate on the ground. Plaintiff was alone and ambulating in his wheelchair without assistance. Defendant Martinez then ordered Plaintiff to the C-facility program office. Plaintiff explained the situation to Defendant B. Davi. Defendant Davi found this explanation reasonable and assessed Plaintiff only a three-day confined to quarters status. Defendants Aguerralde, Martinez, ...


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