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Greg Aaronian v. Medical Department of Fresno County Jail

January 31, 2012

GREG AARONIAN,
PLAINTIFF,
v.
MEDICAL DEPARTMENT OF FRESNO COUNTY JAIL,
DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1) AMENDED COMPLAINT DUE WITHIN THIRTY (30) DAYS

SCREENING ORDER

I. PROCEDURAL HISTORY

On April 19, 2010, Plaintiff Greg Aaronian, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff consented to Magistrate Judge jurisdiction. (ECF No. 5.) Plaintiff's Complaint is now before the Court for screening.

II. SCREENING REQUIREMENT

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, malicious," or 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).

Section 1983 "provides a cause of action for the 'deprivation of any rights, privileges, or immunities secured by the Constitution and laws' of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).

III. SUMMARY OF COMPLAINT

Plaintiff identifies the Medical Department of the Fresno County Jail as the sole Defendant and alleges the following:

On March 10, 2010, Plaintiff sustained an injury while incarcerated in the Fresno County Jail. In preparation for his transfer to a hospital for treatment, Plaintiff was placed on a "'Blue Hard Board'" in the wrong position and not secured to the board properly. (Compl. at 4.) "As a result of this carlessness [sic] [Plaintiff] suffered additional pain . . . ." (Id.) The same day a doctor prescribed Plaintiff Vicodin. (Id. at 5.)

Between March 15, 2010, and March 20, 2010, Plaintiff was seen by medical staff for continued pain from the careless placement on the transport board. Medical staff refused to refill the March 10, 2010 Vicodin prescription; Plaintiff continued to suffer pain as a result. (Id.)

IV. ANALYSIS

To state a claim under Section 1983, a plaintiff must allege two essential elements:

(1) that a right secured by the Constitution or laws of the United ...


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