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Knapp v. Virk

United States District Court, E.D. California

March 30, 2017

DAVID KNAPP, Plaintiff,
v.
VIRK, et al., Defendants.

         SCREENING 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

          GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE.

         I. BACKGROUND

         David 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.)

         On July 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 Appendix A(k)(3).

         On 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 No. 19.)

         II. SCREENING REQUIREMENT

         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. 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).

         III. SUMMARY OF FIRST AMENDED COMPLAINT

         Plaintiff 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.

         Plaintiff's 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.)

         Plaintiff requests monetary damages and injunctive relief.

         IV.PLAINTIFF'S ...


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