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Juarez v. Kobor

United States District Court, E.D. California

November 7, 2014

JOSE JUAREZ, Plaintiff,
v.
W. KOBOR, et al., Defendants.

ORDER DISMISSING SECOND AMENDED COMPLAINT, WITHOUT LEAVE TO AMEND, FOR FAILURE TO STATE A COGNIZABLE CLAIM, AND DIRECTING CLERK OF COURT TO TERMINATE ACTION [ECF NO. 34]

STANLEY A. BOONE, Magistrate Judge.

Plaintiff Jose Juarez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 24, 2014. Local Rule 302.

Plaintiff filed the initial complaint January 6, 2014. On May 14, 2014, Plaintiff's complaint was screened pursuant to 28 U.S.C. § 1915A and dismissed with leave to amend.

Plaintiff filed a first amended complaint on July 16, 2014, which was dismissed with leave to amend on August 28, 2014.

Now pending before the Court is Plaintiff's second amended complaint, filed October 30, 2014.

I.

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 or malicious, " that "fails to state a claim on which relief may be granted, " or that "seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B).

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, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. Iqbal, 556 U.S. at 676-677; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-1021 (9th Cir. 2010).

Prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings liberally construed and to have any doubt resolved in their favor, but the pleading standard is now higher, Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012) (citations omitted), and to survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). The "sheer possibility that a defendant has acted unlawfully" is not sufficient, and "facts that are merely consistent with' a defendant's liability" falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

II.

COMPLAINT ALLEGATIONS

Plaintiff names W. Kokor, L. Merritt, A. Alphonso, J. Sundram, L. Worman, C. Crayer, T. Brown, and D. Smiley as Defendants. Plaintiff contends that each of the Defendants were deliberately indifference toward his serious medical need.

On August 3, 2011, Petitioner was transferred from Ironwood State Prison to Corcoran State Prison and Plaintiff never received his proper medical (Morphine ...


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