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Williams v. Ralston

United States District Court, C.D. California

August 12, 2014

Rickey Williams
v.
D. Ralston, et al.,

CIVIL MINUTES - GENERAL (IN CHAMBERS) ORDER TO SHOW CAUSE WHY PLAINTIFF SHOULD NOT BE DENIED LEAVE TO PROCEED IN FORMA PAUPERIS

JOHN E. McDERMOTT, Magistrate Judge.

I.

Proceedings

On June 12, 2014, Rickey Williams ("Plaintiff") lodged for filing a Civil Rights Complaint pursuant to 42 U.S.C. § 1983 ("Complaint"). (Docket No. 1.) Plaintiff failed to either pay the full filing fee or file an in forma pauperis application in order to proceed without payment of the full filing fee. Because Plaintiff failed to pay the full filing fee and apparently seeks to proceed in forma pauperis in this action, 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 in forma pauperis status should not be denied.

II.

Discussion

A. Summary of Plaintiff's Allegations.

Plaintiff's Complaint names as defendants the following officials of the California Men's Colony - East Facility ("CMC-East"): D. Ralston, M.D., Chief Medical Officer; T. Fox, M.D., Chief Medical Executive; S. Lee, M.D., Physician and Surgeon; Amanda Z. Dillen, D.O.; and L. Sprague, M.D. (collectively, "Defendants").[1] (Complaint at 1-3.) Plaintiff states that Defendants denied him access to medical care for his serious medical needs, including "symptoms of heaviness in the chest[, ] dull chest pain, lung burn sensation, ... difficulty breathing [and] shortness of breath." (Complaint at 6.) The following is a summary of Plaintiff's medical treatment based on Plaintiff's allegations and the medical grievance records attached to the Complaint:

• June 2013: Plaintiff submitted a "health care form" to be seen by a medical doctor for his symptoms;
• June 20, 2013: medical consultation with Dr. Sprague, including examination of Plaintiff's vital signs (blood pressure, respiration, and temperature) (Complaint at 4);
• June 2013: "medical performed an [electrocardiogram ("EKG")] during [an] emergency room visit" (Complaint at 4);
• July 2, 2013: Plaintiff underwent "cardiac nuclear stress testing" (Complaint at 4);
• July 8, 2013: medical consultation with Dr. Duncan that included an examination of Plaintiff's vital signs (blood pressure, respiration, and temperature) (Complaint at 4);
• July 18, 2013: follow up visit with Dr. Duncan that included an examination of Plaintiff's vital signs (blood pressure, respiration, and temperature); Plaintiff was informed that "nuclear stress test" results were "normal"; Plaintiff requested further testing; Plaintiff scheduled for a Chronic Care Program ("CPC") visit in 90 days (Complaint at 4-5);
• July 22, 2013: Plaintiff submitted a "health care services request form" after experiencing "another bad episode of symptoms", including "heaviness in the chest, dull chest pain, lung burning sensation, and difficulty breathing" (Complaint at 5);
• July 24, 2013: Plaintiff "spoke with" Amanda Z. Dillen, D.O., a primary care physician, who "examined [Plaintiff's] feet" and his vital signs. Plaintiff alleges Dr. Dillen "was not concerned about [Plaintiff's] symptoms", responded to Plaintiff's statement that "something is wrong!' by "sarcastically" saying "well it's not your heart'", and "focused on high blood pressure medication, type II diabetes medication, and cholesterol medication." Plaintiff was scheduled a follow up appointment in "2 to 3 weeks" (Complaint at 5);
• August 8, 2014: Plaintiff had his follow up examination with Dr. Dillen, who inquired about Plaintiff's medications and examined Plaintiff's vital signs; Dr. Dillen "ignored" Plaintiff's attempts to discuss his persisting symptoms, ...

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