United States District Court, E.D. California
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE
TO AMEND (ECF NO. 27) ORDER STRIKING PLAINTIFF’S
“EXHIBITS TO COMPLAINT” (ECF NO. 28) THIRTY-DAY
DEADLINE TO AMEND
Michael J. Seng UNITED STATES MAGISTRATE JUDGE
Martin Ontiveors, a prisoner proceeding pro se and in forma
pauperis, filed this civil rights action pursuant to 42
U.S.C. § 1983 on October 6, 2015. Plaintiff has
consented to Magistrate Judge jurisdiction. (ECF No. 11.) No
other parties have appeared.
April 25, 2016, the Court screened Plaintiff's complaint
and found it did not state any cognizable claims. (ECF No.
26.) Plaintiff was granted thirty days to file an amended
complaint to cure the identified deficiencies.
Plaintiff's May 19, 2016 first amended complaint is
before the Court for screening. (ECF No. 27.) On June 6,
2016, Plaintiff filed additional exhibits to his first
amended complaint entitled “Exhibits to
Complaint.” (ECF No. 28.)
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an 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. §
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)),
and courts “are not required to indulge unwarranted
inferences, ” Doe I v. Wal-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks
and citation omitted). While factual allegations are accepted
as true, legal conclusions are not. Iqbal, 556 U.S.
section 1983, Plaintiff must demonstrate that each defendant
personally participated in the deprivation of his rights.
Jones v. Williams, 297 F.3d 930, 934 (9th Cir.
2002). This requires the presentation of factual allegations
sufficient to state a plausible claim for relief.
Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret
Service, 572 F.3d 962, 969 (9th Cir. 2009). Prisoners
proceeding pro se in civil rights actions are entitled to
have their pleadings liberally construed and to have any
doubt resolved in their favor, Hebbe v. Pliler, 627
F.3d 338, 342 (9th Cir. 2010) (citations omitted), but
nevertheless, the mere possibility of misconduct falls short
of meeting the plausibility standard, Iqbal, 556
U.S. at 678; Moss, 572 F.3d at 969.
is currently incarcerated at High Desert State Prison but
complains of acts that occurred at Sierra Conservation Center
(“SCC”), a state prison in Jamestown,
California. Plaintiff brings this action against
Defendants Chief Medical Officer J. St. Clair of SCC; Chief
Executive Officer R. Duncan of SCC; Deputy Director J. Lewis
of the California Department of Corrections and
Rehabilitation; and Nurse Clegg and Drs. Ridge, Smith, and
Savage of SCC. He alleges Defendants violated his Eighth
Amendment right to adequate medical care, and seeks
injunctive relief and monetary damages in the amount of seven
allegations within his first civil rights complaint were
buried within a plethora of prison medical documents and
appeals forms assembled in no discernible order. The Court
informed Plaintiff that it would not sort through these
documents to try to identify claims Plaintiff wanted to make
and advised Plaintiff he had to plainly state his claims
while adhering to the legal standards set forth in the
Court's order. (ECF No. 26.) Rather than follow the
Court's directive, Plaintiff attached even more appeals
forms and medical documents to his first amended complaint.
Plaintiff's first amended complaint spans 79 pages. On
June 6, 2016, Plaintiff filed 79 additional pages of
supporting documentation. (ECF No. 28.)
states the documents “speak for themselves.” (ECF
No. 27 at 4.) They do not. Plaintiff is admonished one last
time: it is not the Court's responsibility to sort
through documents to try to parse his allegations and
identify cognizable claims. While the Court indulged
Plaintiff in screening his first complaint, it will not do so
again. The following summary of Plaintiff's allegations
is taken from the body of Plaintiffs first amended complaint
without reference to Plaintiff's supporting
suffers from a severely painful disk protrusion in his back.
Defendant J. Lewis outright denied Plaintiff medical
treatment that Plaintiff had been receiving for years at
Centinela State Prison. Defendant R. Duncan was aware of
Plaintiff's severe back pain, and did nothing to treat
it. Dr. Smith tried to cut Plaintiff off all medication, and
said Plaintiff was “faking [his] back pain.”
Plaintiff states Drs. Ridge and Savage and Nurse Clegg were
also aware of Plaintiff's back pain, but did nothing.
states he was forced to suffer in pain as a result of
first amended complaint will be dismissed. The allegations in
the body of his complaint are too general, too conclusory, to
state a claim for relief. He will be given leave to amend.
Should Plaintiff choose to file an amended complaint, he
must not attach medical and appeals records with the
expectation that they will “speak for
themselves.” He must present his claims in plain and
direct language, and state how each Defendant personally
violated his constitutional rights. His amended complaint
must be complete within itself. Plaintiff is reminded that
all factual allegations are accepted as true, Iqbal,
556 U.S. at 678. ...