The opinion of the court was delivered by: Honorable Oswald Parada, United States Magistrate Judge
Present: The Honorable Oswald Parada, United States Magistrate Judge
As assigned N/A N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
None None Proceedings: IN CHAMBERS: ORDER TO SHOW CAUSE
On March 4, 2013, Charles A. Williams ("Plaintiff") lodged for filing a Civil Rights Complaint pursuant to 42 U.S.C. § 1983 ("Complaint"), along with an in forma pauperis application in order to proceed without payment of the full filing fee. (ECF No. 1.) Because Plaintiff has requested leave to proceed in forma pauperis, the Court has screened the Complaint for the purpose of determining whether the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A.
For the reasons set forth below, Plaintiff is ordered to show cause why his in forma pauperis application should not be denied.
Summary of Plaintiff's Allegations.
named Defendants in the Complaint are as follows: (1) California Men's Colony, Luis Obispo ("CMC") Warden John Marshall; (2) CMC Captain Martinez; (3) CMC Lieutenant Yett; (4) CMC Correctional Officer Chris Steeb; (5) CMC Correctional Officer Gonzales; (6) CMC Registered Nurse S. Rao; (7) CMC Doctor A. Bollay; (8) Sergeant B. Mason; (9) CMC Sergeant L. Walker; (10) CMC Correctional Officer K. McEwen; (11) CMC Physical Therapist Amber Harper; (12) CMC Correctional Officer J. Kohler; (13) CMC Registered Nurse K. Ryan; (14) CMC Registered Nurse C. Jumangit; (15) CMC Correctional Officer M. Dynes; (16) CMC Correctional Officer Baumgardner; and (17) CMC Correctional Officer Davis. Plaintiff appears to allege a violation of the Eighth Amendment to the United States Constitution based on the use of excessive force by prison officials. He seeks damages and injunctive relief. (Compl. at the Complaint, Plaintiff alleges one claim, an Eighth Amendment claim based on the excessive use of force by Defendants Yett, Steeb, and Baumgardner. Specifically, Plaintiff alleges that on February 25, 2009, Defendants rammed Plaintiff into a wall, Defendant Steeb body slammed Plaintiff to the floor, Defendant Baumgardner hog tied Plaintiff's hands and feet, all under the orders of Defendant Yett. Plaintiff suffered injuries leaving him totally disabled as a result. (Id. at 5.)
As to Defendant Martinez, Plaintiff alleges that Defendant failed to enforce and establish a safe environment for Plaintiff in violation of California Department of Corrections and Rehabilitation ("CDCR") policies. Defendant Martinez also failed to protect Plaintiff from the excessive use of force resulting in Plaintiff's beating. Defendant Martinez then allegedly covered up evidence of the incident. (Id. Attach at 1, 2.)
As to Defendant Yett, Plaintiff alleges that Defendant knew Plaintiff was an elderly man recently had spinal surgery, walked with a cane, and wore a neck brace. Defendant allowed excessive force to be used against Plaintiff by Defendants Steeb and Baumgardner in Defendant's presence and allegedly ordered the use of force against Plaintiff. Defendant Yett also allegedly attempted to cover up the incident. (Id. Attach 3-8.)
As to Defendant Steeb, Plaintiff alleges that Defendant body slammed Plaintiff into a and to the floor pursuant to Defendant Yett's orders. Defendant Steeb also allegedly put his knees into Plaintiff's back to pin Plaintiff to the floor. (Id. Attach at 9- As to Defendant Baumgardner, Plaintiff alleges that Defendant bent Plaintiff's legs to his causing pain, suffering, and great bodily harm. (Id. Attach at 12.)
As to Defendant Davis, Plaintiff alleges that Defendant pushed Plaintiff to the hospital floor while Plaintiff was handcuffed and legcuffed. Plaintiff also generally alleges he was assaulted by Defendant at the clinic hours earlier. (Id. Attach at 13.) As to Defendant Walker, Plaintiff alleges that Defendant made false and misleading statements that resulted in Plaintiff being beaten. (Id. Attach at 14.)
As to Defendant McEwen, Plaintiff alleges that Defendant made false and misleading statements that resulted in Plaintiff being beaten. (Id. Attach at 15.)
As to Defendant Harper, Plaintiff alleges that Defendant gave statements that lead to Plaintiff's non-receipt of medical care and failed to care for Plaintiff's pain. (Id. Attach 16.)
As to Defendant Ryan, Plaintiff alleges that Defendant often gave Plaintiff pain medication for his spinal surgery. Defendant also allegedly made false and misleading statements in order to conceal evidence. (Id. Attach at 17.)
As to Defendant Jumangit, Plaintiff alleges that Defendant joined staff in filing deceitful to cover up gross misconduct that lead to Plaintiff being sent to the mental health unit. (Id. Attach at 18.)
As to Defendant Rao, Plaintiff alleges that Defendant caused Plaintiff to be admitted to the mental health unit knowing that Plaintiff did not have any mental health issues and in attempt ...