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Raymond Alford Bradford v. Sabrina Johnson

December 27, 2012

RAYMOND ALFORD BRADFORD,
PLAINTIFF,
v.
SABRINA JOHNSON, ET AL.,
DEFENDANTS.



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

ORDER REQUIRING PLAINTIFF TO PAY FILING FEE IN FULL WITHIN FOURTEEN DAYS OR ACTION WILL BE DISMISSED (ECF No. 1)

Plaintiff Raymond Alford Bradford ("Plaintiff"), a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 27, 2012. Plaintiff has failed to pay the required filing fee for this case and, for the reasons discussed below, cannot proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

I. SECTION 1915(g)

Plaintiff is subject to section 1915(g), which provides that "[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).

Plaintiff has had three or more actions dismissed as frivolous or for failing to state claims.*fn1 Thus, he may proceed in forma pauperis only if he is in imminent danger.

The determination whether Plaintiff is under imminent danger of serious physical injury is made based on the conditions at the time the complaint is filed, Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007), and the allegation of imminent danger must be plausible, id. at 1054.

II. PLAINTIFF'S ALLEGATIONS

In his Complaint, Plaintiff alleges claims for relief against the following individuals:

1) Sabrina Johnson, Chief Deputy Warden of California State Prison, Corcoran ("CSPCOR"), 2) H. Padckoff, correctional officer of the California Department of Corrections and Rehabilitation ("CDCR"), 3) J. Cabrea, correctional officer with the CDCR, 4) J. Moon, physician with CDCR, 5) Stanley, licensed vocational nurse with CDCR, 6) Belisterra, licensed vocational nurse with CDCR, and 7) Ward, correctional officer with the CDCR. Plaintiff alleges that these individuals violation of his rights under the Eighth and Fourteenth Amendments of the United States Constitution.

Plaintiff's allegations are as follows:

On June 15, 2011, Plaintiff filed a medical appeal regarding various conditions. (Compl. at 3.) Plaintiff did not receive a response. He brought the matter to the attention of Defendant Johnson at a committee hearing. (Id.) Plaintiff's wheelchair was confiscated, preventing him from receiving medical care and participating in programming. (Id.) Defendant Johnson told Plaintiff he did not need a wheelchair. (Id.)

On March 14, 2012, Plaintiff's Americans with Disabilities Act ("ADA") appeal for a wheelchair was denied. (Compl. at 5.) Plaintiff believes Defendant Moon was responsible for the denial. (Id.) Defendant Moon also discontinued Plaintiff's pain medication and provided an inadequate replacement. (Id.)

Plaintiff required medical care on April 11, 2012; Defendant Padckoff responded by telling him he would change his medical orders and he did so. (Compl. at 4.) Soon thereafter, on April 15, 2012, Defendants Cabrera and Stanley spoke with Plaintiff regarding his wheelchair, and ...


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