The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (DOC. 1) RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Alberto Gonzalez ("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 July 22, 2011. 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).
Plaintiff is incarcerated at Avenal State Prison ("ASP") in Avenal, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: City of Avenal; Avenal State Prison; Garcia and Green, optometrists employed at ASP; Michael Blackwell and M. Boparai, physicians employed at ASP; and K. Peterson, health care appeals coordinator.
Plaintiff alleges the following: At age seventeen, Plaintiff began using permanent rigid contact lenses due to advanced myopia. Since his arrival at ASP on August 23, 2007, he has been denied rigid contact lenses and solution. Compl. 5.
On August 22, 2008, Plaintiff had a vision consultation with defendant Garcia. Plaintiff explained to defendant Garcia that he had been using rigid contact lenses for many years and "CDCR 128-C chronos" had been issued to him indicating he is vision impaired. Compl. 5.
At some point, Defendants Blackwell and Boparai obstructed Plaintiff's access to an eye specialist and public services. Defendants Blackwell and Boparai unlawfully diagnosed Plaintiff, denied him two CDC 1824 accommodation requests for disability, completed a false CDC 1845, and indicated that verification of Plaintiff's claimed disability was not confirmed. Compl. 6. Defendant K. Peterson, the health care appeals coordinator, supported Plaintiff's denial of access to public services.
Plaintiff contends that the City of Avenal, ASP and the defendant optometrists have a duty to provide him with access to public services, including optometry. The defendant optometrists denied Plaintiff his prescribed rigid contact lenses and access to public services. Compl. 7. The City of Avenal failed to properly supervise, control and discipline its state prison and optometrists. Compl. 9.
Plaintiff alleges severe depression, severe stress, anxiety, anger headaches, blurred visions, dizziness, eye pain and fatigue. Compl. 8, 10. Plaintiff asserts a cause of action for violation of the Americans with Disabilities Act and requests compensatory damages, declaratory and injunctive relief and attorney's fees.
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 ...