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Eric Collins v. Schwarzenegger

April 10, 2013

ERIC COLLINS, PLAINTIFF,
v.
SCHWARZENEGGER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND THIRTY-DAY DEADLINE

Plaintiff Eric Collins, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on July 30, 2012. He names former Governor Schwarzenegger, Governor Brown, Chief Medical Officer Chudy, Physician's Assistant Green, CEO Lonigro, Dr. Rohrdanz, R.N. Shortnacy, Dr. Rahim, Dr. Taherpour, Dr. Duenas and Dr. Ahmed as Defendants.*fn1

A. LEGAL STANDARD

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).

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)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

To state a claim, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Id. at 1949. This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

B. SUMMARY OF PLAINTIFF'S ALLEGATIONS

Plaintiff is currently incarcerated at the California Institution for Men in Chino, California. The events complaint of occurred while he was housed at Pleasant Valley State Prison ("PVSP") and the Correctional Training Facility in Soledad, California ("CTF- Soledad").

Plaintiff's complaint appears to relate to medical treatment he received for his left hand. He alleges that Defendants Schwarzenegger and Brown were responsible for all state employees during the time period at issue. Defendant Dr. Rohrdanz was Plaintiff's primary care physician at PVSP and Plaintiff alleges that he was responsible for his health care. Plaintiff alleges that Defendant Chudy was responsible for all medical staff at CTF-Soledad, and allowed doctors to provide sub-standard care. Plaintiff alleges that Defendant Green (PVSP) allowed his hand to go untreated. He contends that Defendant Lonigro, as CEO of California Prison Health Care Services, is responsible for all prison health care services. Plaintiff alleges that Defendant Nurse Shortnacy (PVSP) violated California Code of Regulations title 15, section 3358(b), when she took his bone stimulator, against doctor's orders, prior to his transfer from PVSP to CTFSoledad.

Plaintiff alleges that Defendant Dr. Duenas (PVSP) was aware that his hand was in need of an operation and allowed Plaintiff to wait in pain from 2008 through 2011, when surgery was performed.

Plaintiff alleges that Defendant Dr. Ahmed (CTF-Soledad) ignored orders in Plaintiff's file to keep him on a bone stimulator. Dr. Ahmed had Plaintiff visit an orthopedic surgeon to schedule an operation. Seven days prior to his scheduled surgery, Dr. Ahmed and Defendant Chudy allowed Plaintiff to be transferred back to PVSP. Plaintiff alleges that medical staff at PVSP knew of his scheduled operation, but instead of a visit to an orthopedic surgeon, Plaintiff was sent to an array of doctors, none of which were qualified to operate on him.

Plaintiff alleges that since 2008, he has submitted approximately 30 Health Care Request Forms requesting medical care for his left hand. It was not until 2011, when he wrote to the California Prison Law Office and they contacted the Receiver's office, that he underwent surgery. Plaintiff alleges at that time, however, it was too late because his bone had deteriorated beyond repair and had to be fused to his wrist. Plaintiff contends that he is now permanently disabled.

C. ANALYSIS

1. Pleading ...


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