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Williams v. Batra

United States District Court, E.D. California

March 6, 2017

MICHAEL B. WILLIAMS, Plaintiff,
v.
SANJEEV BATRA, Defendant.

          ORDER DISMISSING FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND (ECF NO. 8) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE

          MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE.

         Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. He has consented to Magistrate Judge jurisdiction. No other parties have appeared in the action.

         On January 30, 2017, the Court dismissed Plaintiff's complaint but gave leave to amend. (ECF No. 7.) Plaintiff's first amended complaint is before the Court for screening. (ECF No. 8.)

         I. Screening Requirement

         The in forma pauperis statute provides, “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).

         II. Pleading Standard

         Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States.” Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).

         To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).

         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 set forth “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 677-78.

         III. Plaintiff's Allegations

         Plaintiff is detained at Coalinga State Hospital (“CSH”), where the acts giving rise to his complaint occurred. He names Dr. Sanjeev Batra as the sole defendant.

         His allegations may be summarized essentially as follows.

         On December 6, 2010 Defendant Batra recommended that Plaintiff undergo an angiogram. Plaintiff refused. Batra retaliated by keeping Plaintiff in the medical unit. He wrote false medical information in Plaintiff's chart.

         Plaintiff sought a second opinion and, on January 30, 2017, was transferred to the Twin City Medical Center in Templeton, California. There, Plaintiff was treated for pneumonia. Additional tests were run on Plaintiff's heart by Dr. Gordon, a resident, and Dr. Twicks, a cardiologist. The ...


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