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Fredrick Owens, Jr v. R. H. Trimble

May 24, 2012

FREDRICK OWENS, JR.,
PLAINTIFF,
v.
R. H. TRIMBLE, ET AL., DEFENDANTS.



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 September 13, 2011, Plaintiff Fredrick Owens, Jr., 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'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's Complaint names the following individuals as Defendants: (1) R.H. Trimble, Warden, Pleasant Valley State Prison (PVSP); (2) H. Martinez, Appeals Coordinator, PVSP; (3) Deborah Hysen, Chief Deputy Secretary, California Department of Correction (CDC); and (4) Arnold Schwarzenegger, former Governor.

Plaintiff alleges the following:

Valley Fever is a deadly disease that is prevalent at PVSP. Plaintiff is asthmatic and inmates with respiratory impediments are particularly susceptible to contracting Valley Fever. On June 9, 2011, Plaintiff filed an inmate appeal citing these facts and requesting to be transferred out of PVSP. (Compl. at 4.)

Defendant Martinez screened out and refused to process Plaintiff's inmate appeal.

The appeal was not processed because Plaintiff's asthma diagnosis originated from a previous prison and had expired. Martinez also cited the fact that Plaintiff was attempting to appeal an action or decision that had not yet occurred. (Id. at 3.)

Plaintiff began showing symptoms of Valley Fever in August, 2011. Plaintiff suffered permanent disfigurement to his chest and arms and continues to suffer lower back ...


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