United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
DENNIS L. BECK, Magistrate Judge.
Plaintiff Tommy Curtis Eckman ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on September 18, 2013. The Court screened Plaintiff's complaint on February 3, 2014, and dismissed it with leave to amend. Plaintiff filed a First Amended Complaint ("FAC") on March 20, 2014. Plaintiff names Dr. Jackson, P.A. Ogbuehi, R.N. Powell, N.P. Tiggs-Brown, Psychiatrist Brown and Does 1-10 as Defendants.
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 defendant personally 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 Substance Abuse Treatment Facility in Corcoran, California. It is unclear where the events at issue occurred.
Plaintiff's complaint is brief and without much detail. Plaintiff alleges that Defendant Jackson refuses to see him for follow-up care even though the injury at issue still exists. He states that all other health care staff who he has asked for help have refused to treat his condition "without an order from the Primary Care Provider/PCP, whom just happens to be Dr. J. Jackson." ECF No. 13, at 4.
Plaintiff alleges that he has asked for bandages and antibiotic ointment on numerous occasions, but Defendants have ignored or refused all requests. Plaintiff states that all Defendants were informed of Plaintiff's open sores/wounds to his left back and shoulder, and were also shown the injury.
Plaintiff states that his sores were ignored until a correctional officer noticed bloody circles on his t-shirt. Plaintiff was then provided bandages and received short-lived daily dressing changes. He alleges that the dressing changes did not include any cleansing of the wounds.
Plaintiff alleges that these actions were deliberately indifferent to his medical needs.
1. Pleading ...