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Brian Willoughby v. Dr. Enenmoh

December 18, 2012

BRIAN WILLOUGHBY,
PLAINTIFF,
v.
DR. ENENMOH, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DISMISSING FIRST AMENDED COMPLAINT, WITH LEAVE TO FILE

SECOND AMENDED COMPLAINT WITHIN THIRTY DAYS (ECF No. 10)

Screening Order

I. Screening Requirement

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). This action proceeds on the June 7, 2011, first amended complaint.*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).

"Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions," none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), 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). "Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz, 534 U.S. at 512. However, "the liberal pleading standard . . . applies only to a plaintiff's factual allegations." Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989). "[A] liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled." Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).

II. Plaintiff's Claims

Plaintiff, an inmate in the custody of the California Department of Corrections and Rehabilitation at the R.J. Donovan Correctional Facility in San Diego, brings this civil rights action against officials of the Department of Corrections and Rehabilitation at the Substance Abuse Treatment Facility at Corcoran (SATF). Plaintiff claims that he has been denied adequate medical care such that it violated the Eighth Amendment prohibition on cruel and unusual punishment. Plaintiff names the following individual defendants at SATF: Chief Medical Officer A. Enenmoh; Dr. Metts; Dr. Beregovskaya; A. Hunt, RN; D. Ybarra, RN. Plaintiff also names J. Walker, Chief of Prison Health Care Services and Dr. Winn, a Physician at Deuel Vocational Institution (DVI).

Plaintiff was received into CDCR custody in 2009. In 1999, he suffered serious injuries in a car accident, resulting in a broken femur. Plaintiff uses a cane and was undergoing physical therapy and pain management. Prior to his entry into the CDCR. Plaintiff was prescribed Vicodin, Oxycontin, Gabapentin, Morphine and "other pain related medications."

Plaintiff was received into the CDCR at DVI. Plaintiff was seen by Dr. Winn for initial medical screening. Plaintiff advised Dr. Winn of his medical history. Dr. Winn prescribed Naproxin for pain and a walking cane. Plaintiff did not receive the cane for 45 days, at which time he was housed at SATF.

On October 15, 2009, Plaintiff began to complain daily of "debilitating" pain and problems with his hip and leg. Plaintiff alleges that "nothing was accomplished" be medical staff and that he was advised that he would see a doctor at some point.

On March 19, 2010, Plaintiff filed an inmate grievance regarding his health care. On May 4, 2010, Plaintiff was interviewed by Dr. Enenmoh and Dr. Beregovskaya. The doctors ordered an x-ray and prescribed pain mediation (Indocin and Neurontin). Plaintiff continued to experience pain and discomfort. On May 19, 2010, Dr. Enenmoh denied Plaintiff's grievance. Plaintiff alleges that, at the final level of review, J. Walker, the Chief of Prison Health Care Services for the CDCR, reviewed Plaintiff's medical records. He found that Plaintiff suffered from "post ...


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