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Troy Junell Gachett v. C. Mccabe

February 14, 2013

TROY JUNELL GACHETT,
PLAINTIFF,
v.
C. MCCABE, 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 FIRST SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Troy Junell Gachett, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on February 4, 2013 pursuant to 42 U.S.C. § 1983. (Compl., 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 is incarcerated at Corcoran State Prison ("CSP"). He suffers severe foot pain from bone spurs and flat feet. He alleges Defendants have been deliberately indifferent to his medical needs as follows:

Defendant Sisodia x-rayed Plaintiff's feet on September 24, 2012. She ordered insoles on November 24, 2012, and told Plaintiff that if they did not alleviate his pain, she would order orthotic boots.

On December 6, 2012, Defendant Gill declined to send Plaintiff to a specialty clinic for orthotic boots, stating the boots were too expensive. Instead, Dr. Gill prescribed pain medication. Dr. Gill denied treatment on January 2, 2013. When no one came to get Plaintiff, Dr. Gill had a nurse attempt to show Plaintiff had refused treatment.

Dr. McCabe was notified of the above events via a 602 health care appeal. Plaintiff names as Defendants (1) McCabe, M.D., Chief Medical Officer at CSP, (2) C. Sisodia, PA-C, (3) Dr. Gill, PA-C.

Plaintiff seeks monetary compensation and to be sent to the specialty ...


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