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Raymond Newsom v. John Chokatos

February 28, 2012

RAYMOND NEWSOM,
PLAINTIFF,
v.
JOHN CHOKATOS, ET AL.,
DEFENDANTS.



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

ORDER DISREGARDING MOTION TO ELECTRONICALLY FILE AMENDED COMPLAINT (DOC. 7) ORDER DISMISSING CERTAIN CLAIMS

I. Background

AND DEFENDANTS (DOC. 8)

Plaintiff Raymond Newsom ("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 March 9, 2011. On September 28, 2011, the Court screened Plaintiff's complaint and dismissed it for failure to state a claim, with leave to amend. Doc. 6. On November 1, 2011, Plaintiff filed his first amended complaint. Doc. 8.*fn1

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 was previously incarcerated at Pleasant Valley State Prison ("PVSP") in Coalinga, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: medical doctor John Chokatos; F. Igbinosa, chief medical officer; O. Deville, registered nurse; Junior Fortune, physician assistant; and James A. Yates, warden.

Plaintiff alleges the following. On March 18, 2010, Plaintiff submitted a Health Care Services Request Form (CDC 7362) to the C Facility medical clinic. Pl.'s Am. Compl. 7.*fn2

Plaintiff had injured the middle finger of his left hand on a cell door. Id. On March 20, 2010, Plaintiff was seen by Defendant registered nurse O. Deville in the C facility. Id. Defendant Deville observed Plaintiff's swelling and discoloration and aware of Plaintiff's complaint of intense pain. Id. Defendant Deville wanted to prescribe tylenol or naproxen for Plaintiff's pain. Id. Plaintiff refused the medication, as it is clearly documented in Plaintiff's medical file that the side effects are detrimental. Id. Plaintiff was not provided alternative pain medication. Id.

Defendant Deville brought this injury to the attention of Defendant Junior Fortune. Id. at 8. Defendant Fortune did not physically examine Plaintiff to determine whether other means of treatment, such as a splint, were available. Id. Defendant Fortune ordered x-rays for Plaintiff's injury to be taken. Id.

On March 26, 2010, an x-ray was performed. Id. On March 30, 2010, radiologist Carter Thomas reviewed the injury and found an avulsion fracture. Id. Plaintiff was scheduled to see Defendant doctor John Chokatos on April 14, 2010. Id. Defendant Chokatos noted the diagnosis by doctor Thomas. Id. Defendant Chokatos provided no treatment. Id. at 9. Plaintiff uses a walker, and experienced extreme pain and discomfort when using it. Plaintiff was again seen by Defendant Chokatos on a follow-up visit on April 27, 2011, and again did not provide Plaintiff any treatment. Id. Plaintiff's finger healed improperly and there is abnormal swelling and restricted range of motion in his finger today. Id. Plaintiff contends that Defendants Yates and Igbinosa implemented a policy that violated Plaintiff's constitutional rights. Id. at 11.

Plaintiff requests injunctive relief in the form of proper medical treatment at PVSP, and ...


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