The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER FINDING SECOND AMENDED COMPLAINT TO STATE A COGNIZABLE EIGHTH AMENDMENT CLAIM AGAINST DEFENDANT UGWUEZE (ECF No. 18)
Plaintiff Arthur Luna is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. (Compl., ECF No. 1.) Plaintiff has declined Magistrate Judge jurisdiction. (Request for Reassignment, ECF No. 7.)
Plaintiff's Complaint and First Amended Complaint were dismissed for failure to state a claim with leave to amend. (Orders Dismiss., ECF Nos. 11, 15.) On July 27, 2012, Plaintiff filed a Second Amended Complaint (Second Am. Compl., ECF No. 18) which 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 SECOND AMENDED COMPLAINT
Plaintiff alleges Defendant medical staff at the California Substance Abuse and Treatment Facility - Corcoran California ("CSATF") were deliberately indifferent, in violation of the Eighth Amendment, and medically negligent when Plaintiff re-injured his surgically repaired left shoulder in a May 16, 2009 fall from an upper bunk. (Second Am. Compl. at 3, 6-14.)
Defendant Delano, a nurse in the CSATF prison clinic who saw Plaintiff just after his injury, was disrespectful to him, refused to examine him and provide proper medical care, and left him in pain. (Id. at 3, 7, 13-24.) When he saw his surgeon, Dr. Smith at the CSATF prison clinic on June 1, 2009, Dr. Smith ordered morphine pain medication and an MRI of the shoulder. (Id. at 8.) Defendant Dr. Ugwueze, a medical doctor at CSATF, interfered with Dr. Smith's order by discontinuing the morphine in favor of another pain medication and delaying the MRI for three months; he told Plaintiff there was nothing wrong with the shoulder and that he had to cut all medications and surgeries due to a budget crisis. (Id. at 3, 8-9.)
He names as Defendants both nurse Delano and physician Ugwueze. (Id. at 2-3.) He seeks injunctive relief for proper care and medication, and monetary compensation. (Id. at 3.)
A. Pleading Requirements ...