United States District Court, E.D. California
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
is a state prisoner, represented by counsel, who has filed a
civil rights action under 42 U.S.C. § 1983.
Plaintiff's alleges defendants were deliberately
indifferent to his medical needs in violation of the Eighth
Amendment. His complaint is before the court for screening.
Also before the court is plaintiff's application to
proceed in forma pauperis. For the reasons set forth below,
the court will grant the motion to proceed in forma pauperis,
and finds the complaint states potentially cognizable claims
against only defendants Greenleaf, AbdurRahman, and Jones.
Plaintiff will be permitted to amend the complaint.
has submitted a declaration that makes the showing required
by 28 U.S.C. § 1915(a). Accordingly, the request to
proceed in forma pauperis will be granted.
is required to pay the statutory filing fee of $350.00 for
this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By
this order, plaintiff will be assessed an initial partial
filing fee in accordance with the provisions of 28 U.S.C.
§ 1915(b)(1). By separate order, the court will direct
the appropriate agency to collect the initial partial filing
fee from plaintiff's trust account and forward it to the
Clerk of the Court. Thereafter, plaintiff will be obligated
for monthly payments of twenty percent of the preceding
month's income credited to plaintiff's prison trust
account. These payments will be forwarded by the appropriate
agency to the Clerk of the Court each time the amount in
plaintiff's account exceeds $10.00, until the filing fee
is paid in full. 28 U.S.C. § 1915(b)(2).
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. §
Allegations of the Complaint
is incarcerated at High Desert State Prison
(“HDSP”) in Susanville, California. Plaintiff
identifies the following defendants: (1) Dr. Delmar
Greenleaf; (2) Dr. Randall Lankford; (3) Dr. Salahuddin
Abdur-Rahman; (4) C. Lipton, R.N.; (5) L. Jones, R.N.; (6)
Rouer, R.N.;(7) Woodward, R.N.; (8) Dr. Paul Ludlow;
(9) “POC, ” an unknown medical provider; (10)
“OT Smith, ” an unknown medical provider and/or
employee; and (11) Does 1 through 20. All defendants are
employees of the California Department of Corrections and
Rehabilitation (“CDCR”) at HDSP, with the
exception of Dr. Ludlow, who provides medical care as an Ear,
Nose, and Throat Specialist (“ENT”) for prisoners
at HDSP under contract with CDCR. (Compl. (ECF No. 1)
alleges that on December 14, 2014, he was involved in an
altercation on the yard at HDSP. As a result of the
altercation, plaintiff suffered injury to the left side of
his face. Plaintiff contends that due to delays by defendants
in treating his injuries, he was unable to have surgery
because his bones had started to heal in the wrong place. As
a result, plaintiff has a permanent deformity to his face,
nerve damage, migraines, and constant and chronic pain on the
left side of his face and his left eye.
Does Plaintiff state a Cognizable Eighth Amendment
Eighth Amendment Standards
order to state a claim under the Eighth Amendment regarding
medical care, plaintiff must allege and prove that he
suffered a sufficiently serious deprivation (the objective
prong of the claim) and that officials acted with deliberate
indifference in allowing or causing the deprivation to occur
(the subjective prong of the claim). Wilson v.
Seiter, 501 U.S. 294, 298-99 (1991). Thus, when a
prisoner's Eighth Amendment claim arises in the context
of medical care, the prisoner must allege and prove
“acts or omissions sufficiently harmful to evidence
deliberate indifference to serious medical needs.”
Estelle v. Gamble, 429 U.S. 97, 106 (1976). A viable
Eighth Amendment medical claim, then, states two elements:
“the seriousness of the prisoner's medical need and