United States District Court, E.D. California
FINDINGS AND RECOMMENDATION REGARDING FIRST AMENDED COMPLAINT (ECF No. 18) THIRTY DAY DEADLINE
DENNIS L. BECK, Magistrate Judge.
Plaintiff Timothy Lee Bludworth ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff filed this action on May 14, 2013, in the Northern District of California, and is proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On May 16, 2013, this action was transferred to the Eastern District of California. (ECF No. 6.) On June 13, 2013, Plaintiff filed his complaint. (ECF No. 12.) On April 10, 2014, the Court screened the complaint and dismissed it for failure to state a claim. (ECF No. 17.) Plaintiff was granted leave to file an amended complaint. On May 9, 2014, Plaintiff filed a First Amended Complaint ("FAC"). (ECF No. 18.)
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. Id . § 1915A(b)(1), (2).
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 Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id . (quoting Twombly, 550 U.S. at 570). While factual allegations are accepted as true, legal conclusions are not. Id.
II. Summary of First Amended Complaint
Plaintiff was incarcerated at California Substance Abuse Treatment Facility ("CSATF") in Corcoran, California, and Sierra Conservation Center ("SCC") in Jamestown, California, where the events giving rise to this action occurred. Plaintiff names the County of Corcoran, Dr. Nastran Hashemi, Dr. C. Ogbuehi, Dr. J. Jackson, all CSATF medical staff, Dr. W. Savage, Dr. Jack St. Claire, Dr. S. Bangi, and all SCC medical staff as Defendants in this action.
Plaintiff alleges the following. On March 30, 2012, Plaintiff was in a physical altercation with an inmate named "Perry" at CSATF. Plaintiff suffered injuries to his right shoulder including a torn rotator cuff, an injured clavicle bone, and other injuries. Plaintiff was taken to the D-yard medical clinic where he was examined by Defendant Jackson. Plaintiff states Defendant Jackson gave him a bottle of Tylenol and told him to leave the clinic. Plaintiff refused to leave because of the pain and severe bruising.
On April 3, 2012, Plaintiff again saw Defendant Jackson because of the pain and bruising to his shoulder. Plaintiff alleges Defendant again refused to do anything about it.
On April 19, 2012, Plaintiff was seen by Defendant Jackson. Plaintiff was still complaining of the great deal of pain he was in.
On May 3, 2012, Plaintiff was seen by Physician Assistant Tiggs-Brown. Plaintiff filed several requests for health care. He was seen by Tiggs-Brown several more times that month including June 3, 2012, and June 13, 2012. Plaintiff continued to complain of pain.
Plaintiff continued to see additional doctors in July with no results. He continued to experience pain.
On August 15, 2012, Plaintiff saw Defendant Ogbuehi and told him about his pain and experiences, with no results. Plaintiff saw Defendant Ogbuehi again on September 13, 2012, October 26, 2012, and November 14, 2012. Plaintiff states nothing was done at all.
Plaintiff was then seen by Defendant Hashemi who sent Plaintiff for another X-ray. The X-ray of December 3, 2012, revealed ...