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Ivan Ray Carter, Jr v. E. Jean Pierre

July 30, 2012

IVAN RAY CARTER, JR.,
PLAINTIFF,
v.
E. JEAN PIERRE,
DEFENDANT.



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

ORDER DISMISSING PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (ECF No. 1) AMENDED COMPLAINT DUE WITHIN THIRTY DAYS

Plaintiff Ivan Ray Carter, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction. (ECF No. 5.)

Plaintiff initiated this action on July 11, 2011. (Compl., ECF No. 1.) No other parties have appeared in this action. Plaintiff's Complaint is now before the Court for screening.

I. 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 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, ___ U.S. ___, ___, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atlantic 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.'" Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 555). Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 1949-50.

II. SUMMARY OF PLAINTIFF'S COMPLAINT

Plaintiff is currently housed at California Substance Abuse Treatment Facility in Corcoran, California ("CSATF"), where the events at issue in his Complaint occurred. Plaintiff brings this action for retaliatory acts in violation of the First Amendment and inadequate medical care under the Eighth Amendment against E. Jean Pierre, a physician's assistant on CSATF's C-Yard.

Plaintiff alleges as follows:

In March 2011, Plaintiff saw Defendant Pierre regarding chronic pain in his right finger, wrist, shoulder, and elbow. (Compl. at 3.) Defendant Pierre was aware that Plaintiff's right wrist and elbow had "gone out" before. (Id.) Defendant Pierre stopped Plaintiff's treatment and did not prescribe him pain medication. (Id.) Plaintiff has been in chronic pain without any treatment from February 3, 2011 to the present. (Id.)

After the March 2011 appointment, Plaintiff filed three 602s regarding his pain and the near-injury he suffered from almost falling off his bunk when his wrist and elbow "went out". (Compl. at 4.) Plaintiff did not receive any response to his 602s. (Id.) Plaintiff filed a claim in small claims court against Defendant Pierre regarding his inadequate medical care. (Id.)*fn1

Plaintiff was seen by Defendant Pierre on June 9, 2011. (Compl. at 4.) Defendant Pierre told Plaintiff "You are the one that filed the lawsuit" and "get out of my office, do you know I run shit here." (Id.)

Plaintiff turned in another CDC 7362 on June 16, 2011 and again did not receive a response. (Compl. at 4.) He also filed 602s regarding Defendant Pierre on June 9 and 29, 2011. (Id. at 4-5.) Plaintiff again did not receive any proper response. (Id.)

Plaintiff asks for declaratory relief, $100,000 in compensatory damages, and $100,000 in ...


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