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Norris Lee v. Raul Lopez

January 11, 2012

NORRIS LEE,
PLAINTIFF,
v.
RAUL LOPEZ, ET AL., DEFENDANTS.



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

ORDER DENYING MOTION FOR SERVICE DOCUMENTS (DOC. 14)

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (DOC. 9)

RESPONSE DUE WITHIN THIRTY DAYS

I. Background

Plaintiff Norris Lee ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on June 10, 2011. On July 5, 2011, Plaintiff filed his first amended complaint. Doc. 9.

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 First Amended Complaint

Plaintiff is incarcerated at Corcoran State Prison ("CSP") in Corcoran, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: Raul Lopez, warden; D. Foston, chief of the inmate appeals branch for CDCR; R. Davis, appeals examiner; Edgar Clark, chief medical officer; Canneles, sergeant; and Hernandez, correctional officer.

Plaintiff alleges the following. On May 4, 2010, Plaintiff was severely injured as a result of falling down a flight of stairs. First Am. Compl. 6.*fn1 Plaintiff's hands were handcuffed behind his back, and there was no escort up the flight of stairs. Id. Defendant Hernandez had ordered Plaintiff to ascend the stairs. Id. Plaintiff lost his footing and slipped, hitting his head on the metal railing and losing consciousness. Id.

On December 7, 2010, Defendants Foston and R. Davis, through their agents and implemented system of customs and policies, condoned the severe pain Plaintiff suffered when he fell down the stairs. Id. at 3-4. Defendant Foston was responsible for his agents and the failure to provide effective treatment. Id. Defendants attempted to shield Defendant Hernandez from liability by denying his grievance. Id. Defendant Lopez received a copy of the director's level decision and took no action. Id. at 5. Defendant Clark is responsible through his agents for the conduct of his medical agents and officers at the 3C yard clinic and hospital. Id. at 6.

Plaintiff contends constant, recurring headaches, loss of concentration, severe back pain, memory lapses, blurred vision, loss of vitality, and severe leg pain. Id. at 7. Plaintiff requests declaratory relief, and compensatory and punitive damages.

III. Analysis

A. Eighth ...


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