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Chaney v. Beard

United States District Court, E.D. California

June 30, 2014

CLIFFORD CHANEY, Plaintiff,
v.
JEFFREY A. BEARD, et al., Defendants.

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND ECF NO. 1

MICHAEL J. SENG, Magistrate Judge.

I. PROCEDURAL HISTORY

Plaintiff Clifford Chaney ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 17, 2014. (ECF No. 1.) His 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).

III. SUMMARY OF COMPLAINT

The incidents at issue in Plaintiff's Complaint occurred at California State Prison-Corcoran ("CSP-COR"). Plaintiff names the following individuals as Defendants: (1) Jeffrey A. Beard, Secretary of the Department of Corrections and Rehabilitation ("CDCR"), (2) C. Gipson, warden of CSP-COR (or whomever is currently in this position), (3), J. Obaiza, health maintenance officer at CSP-COR (or whomever is currently in this position), (4) Edgar Clark, chief medical officer at CSP-COR (or whomever is currently in this position), (5) T. Macias, chief executive officer of health care services at CSP-COR (or whomever is currently in this position), (6) Wayne A. Ulit, physician at CSP-COR, (7) Ravijot Gill Do, physician at CSP-COR, and (8) S. Johnson, AA/PIO and associate warden of health care services at CSP-COR (or whomever is currently in this position).

Plaintiff alleges the following:

On April 23, 2011, Plaintiff visited a medical clinic at CSP-COR because he experienced breathing problems. (Compl. at 5.) He was not provided medical care. (Id.) The nurse who saw him did not take Plaintiff's vital signs. (Id.) The nurse simply advised him to use caution when exercising and had him complete a medical request form. (Id.)

Plaintiff returned to the medical clinic the following day. (Compl. at 6.) He was hospitalized and diagnosed with pulmonary coccidiomycosis, commonly known as "valley fever". (Id. at 7.)

Plaintiff complains that the staff members at CSO-COR failed to take any precautions to prevent Plaintiff from contracting valley fever. (Compl. at 6.)

Plaintiff continues to have residual difficulties from valley fever. (Compl. at 9.) Defendants Ulit, Clark, and Do have refused to treat the symptoms. (Id.)

Plaintiff asks for $50, 000 in compensatory damages from each Defendant and $500, 000 in punitive ...


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