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Ernesto v. Cate

United States District Court, E.D. California

August 13, 2014

SOTO ERNESTO, Plaintiff,
v.
MATTHEW CATE, et al., Defendants.

ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND

DENNIS L. BECK, Magistrate Judge.

Plaintiff Soto Ernesto ("Plaintiff"), a state prisoner proceeding pro se, filed this civil rights complaint on March 29, 2012. On February 27, 2013, the Court dismissed the complaint with leave to amend. Plaintiff filed a First Amended Complaint ("FAC") on April 22, 2013.

The Court screened Plaintiff's FAC and dismissed it with leave to amend on November 13, 2013. Plaintiff filed his Second Amended Complaint ("SAC") on March 6, 2014. Plaintiff names Matthew Cate, Warden Connie Gipson, Dr. J. Moon, R.N. M. Ceballos, Dr. J. Kim, Dr. M. Loadholt, Dr. Edgar Clark, R.N. P. Rouch, Teresa Macias and L. Zamora as Defendants.

Plaintiff paid the filing fee and is not proceeding in forma pauperis.[1]

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).

B. PLAINTIFF'S ALLEGATIONS

Plaintiff is currently incarcerated in High Desert State Prison in Susanville, California. The events at issue occurred while Plaintiff was housed at Corcoran State Prison in Corcoran, California.

Plaintiff alleges that he has a history of sciatic nerve damage and pain caused by gunshots prior to his incarceration. In the beginning of September 2007, Plaintiff experienced an intense, sharp pain at the back-side of his right knee. The pain went to his lower-back and shot through his right testicle and rectal area.

Defendant Loadholt

Plaintiff was evaluated by Defendant Loadholt in September 2007. Plaintiff told that Defendant Loadholt that he had a history of sciatic nerve pain and was experiencing sharp pain and having trouble urinating. Defendant Loadholt conducted a prostate exam and concluded that Plaintiff had a mildly enlarged prostate. She prescribed Terazosin.

On November 4, 2007, Plaintiff returned to Dr. Loadholt and complained that the medication was not working to ease the pain and caused several adverse side effects, including an inability to close his eyes and sleep, a painful erection that would not go away, excruciating pain in his right abdomen and an inability to urinate. Defendant Loadholt responded, "Oh, you want more pills? You want more pills? We'll give you more pills!" ECF No. 28, at 6. Defendant Loadholt prescribed Oxybutynin and continued the Terazosin.

Plaintiff returned to Defendant Loadholt on November 29, 2007. He complained that the original symptoms and the side effects of Terazosin had become worse since she prescribed the two medications. Defendant Loadholt continued to prescribe both medications. Plaintiff contends that this was medically unacceptable because the Oxybutynin dose exceeded the maximum daily dose, and because it is unacceptable under any circumstances to prescribe both medications together.

Defendant Kim

Plaintiff saw Defendant Kim on November 26, 2007, and explained his history and current problems. Defendant Kim conducted a rectal examination and continued to prescribe both Terazoxin and Oxybutynin. Plaintiff told Defendant Kim of the problems he was having with the medications, but Defendant Kim advised Plaintiff to continue taking them. Plaintiff ...


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