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Talley v. Cantu

United States District Court, E.D. California

March 31, 2015

ALONZO TREVON TALLEY, Plaintiff,
v.
CANTU, et al., Defendants.

ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND

DENNIS L. BECK, Magistrate Judge.

Plaintiff Alonzo Trevon Talley ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on May 22, 2014. Pursuant to Court order, he filed a First Amended Complaint on November 21, 2014. He names LVN Cantu, LVN Nallet and RN K. Powell 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 pleaderis 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, where the events at issue occurred.

Plaintiff alleges that on December 25, 2013, Defendant Cantu "wrongfully" called him to have his stitches removed. Based on a December 16, 2013, doctor's note indicating that the stitches may be ready to be removed on December 27, 2013, Plaintiff contends that Defendant Cantu called him two days too early and therefore wasn't authorized to take the stitches out.[1] Plaintiff suggests that Defendant Cantu knew "she was messing up." He contends that Defendant Cantu and Defendant Nallet had difficulty removing the stitches because they were not ready, and they should have known this. Instead, they "acted under all the original claims I previously presented..." ECF No. 11, at 3-4. He contends that that Defendants Cantu and Nallet "wrongfully" participated in the removal and caused the wound to open back up a little. ECF No. 11, at 4.

Plaintiff alleges that Defendant Nallet used "excessive force" during the removal, and that Defendant Powell incorrectly told Plaintiff on December 27, 2013, that the pain, redness and numbness were normal. Plaintiff also showed Defendant Powell the hole in his hand caused by Defendant Nallet, but Defendant Powell said it was "alright." ECF No. 11, at 4. Plaintiff contends that all three Defendants acted without reasonable care.

Based on these facts, Plaintiff states that he is challenging the "medical negligence" of Defendants, which amounted to cruel and unusual punishment.

C. ANALYSIS

1. Amended Complaint Supersedes Original Complaint

In the Court's order dismissing his original complaint, the Court explained that an amended complaint supersedes the original complaint, Lacey v. Maricopa County, 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc), and must be "complete in itself ...


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