United States District Court, E.D. California
ORDER ORDER DISMISSING FIRST AMENDED COMPLAINT FOR FAILURE TO
STATE A CLAIM, WITH LEAVE TO AMEND (ECF No. 19.) THIRTY-DAY
DEADLINE FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT ORDER
FOR CLERK TO SEND PLAINTIFF A CIVIL COMPLAINT FORM
S. AUSTIN UNITED STATES MAGISTRATE JUDGE.
Knapp (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis with this civil
rights action pursuant to 42 U.S.C. § 1983. On June 25,
2015, Plaintiff filed the Complaint commencing this action.
(ECF No. 1.)
6, 2015, Plaintiff consented to Magistrate Judge jurisdiction
in this action pursuant to 28 U.S.C. § 636(c), and no
other parties have made an appearance. (ECF No. 5.)
Therefore, pursuant to Appendix A(k)(4) of the Local Rules of
the Eastern District of California, the undersigned shall
conduct any and all proceedings in the case until such time
as reassignment to a District Judge is required. Local Rule
November 4, 2015, the court dismissed the Complaint for
failure to state a claim, with leave to amend. (ECF No. 6.)
On August 9, 2016, Plaintiff filed the First Amended
Complaint, which is now before the court for screening. (ECF
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).
SUMMARY OF FIRST AMENDED COMPLAINT
is presently incarcerated at Valley State Prison (VSP) in
Chowchilla, California, where the events at issue in the
First Amended Complaint allegedly occurred. Plaintiff names
as defendants Pal Singh Virk (Chief Medical Executive (CME)),
Dr. Mitchell (CME), K. Phanh (Physician Assistant-C), and Dr.
Lyle Griffith (M.D.), (collectively,
“Defendants”), who were employed at VSP during
the relevant time period.
allegations follow, in their entirety:
The petitioner claims that all defendants listed herein are
liable for damages to petitioner for pain and suffering,
medical negligence, and mental anguish caused by the
deliberate callousness that has been perpetrated towards
petitioner at VSP/Valley State Prison in Chowchilla, during
his time of serious medical need of medical attention. While
at VSP the petitioner has experienced intentional delay and
interference [with] treatment and medications, which can only
be termed as intentional interference [with] issuance of
medical services and dispersing of prescribed pain
medications. These considerable delays in medication delivery
and treatment as well as misdiagnoses have caused new
symptoms for the petitioner, as well as worsened his
condition, which caused petitioner to seek a self-help remedy
to his suffering on several occasions. This self-help remedy
was in the form of several unsuccessful suicide attempts.
These considerable delays in treatment, misdiagnosis, and
medication delivery were direct results of the callous
disregard for petitioner carried out by Dr. P. Virk, Dr.
Mitchell, K. Phanh, [and] Dr. Lyle Griffith.
(ECF No. 19 at 6.)
requests monetary damages and injunctive relief.