United States District Court, E.D. California
ORDER DISMISSING FIRST AMENDED COMPLAINT FOR FAILURE
TO STATE A CLAIM, WITH LEAVE TO AMEND (ECF No. 33.) THIRTY
DAY DEADLINE TO FILE SECOND AMENDED COMPLAINT ORDER FOR CLERK
TO SEND PLAINTIFF A CIVIL RIGHTS COMPLAINT FORM.
S. AUSTIN UNITED STATES MAGISTRATE JUDGE.
Fields (“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 November
5, 2014, Plaintiff filed the Complaint commencing this action
in the Sacramento Division of the United States District
Court for the Eastern District of California. (ECF No. 1.) On
April 30, 2015, the case was transferred to the Fresno
Division of the Eastern District of California. (ECF No. 6.)
February 24, 2016, the court dismissed the Complaint for
failure to state a claim, with leave to amend. (ECF No. 22.)
On June 27, 2016, Plaintiff filed the First Amended
Complaint, which is now before the court for screening. (ECF
forma pauperis statute provides that “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). “Rule 8(a)'s simplified pleading
standard applies to all civil actions, with limited
exceptions, ” none of which applies to section 1983
actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506,
512 (2002); Fed.R.Civ.P. 8(a). 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). “Such a statement must simply give the
defendant fair notice of what the plaintiff's claim is
and the grounds upon which it rests.”
Swierkiewicz, 534 U.S. at 512. 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, 129 S.Ct.
1937, 1949 (2009) (citing Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (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.
at 678. However, “the liberal pleading standard . . .
applies only to a plaintiff's factual allegations.”
Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989).
“[A] liberal interpretation of a civil rights complaint
may not supply essential elements of the claim that were not
initially pled.” Bruns v. Nat'l Credit Union
Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting
Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir.
SUMMARY OF FIRST AMENDED COMPLAINT
is presently incarcerated at Corcoran State Prison (CSP) in
Corcoran, California, where the events at issue occurred.
Plaintiff names the following 50 individuals as Defendants:
Jeffrey Beard, D. Daveys, Connie Gipson, R. K. Swift, T.
Perez, M. Sexton, M. Jennings, J. C. Smith, R. S. Lambert, S.
Johnson, M. Junious, R. Broomfield, C. Moreno, C. Rodriguez,
S. C. Rousseau, C. Munoz, J. Callow, A. De La Cruz, A.
Valdez, A. De Los Santos, A. Gonzales, R. Vogel, A. Perez, D.
B. Hernandez, E. Molina, S. Leon, A. Peterson, D. Case, M.
Calhoun, D. Madsen, M. Mason, M. Cuevas, V. Montoya, J.
Padanos, P. Davis, N. Diaz, A. Pacillas, D. Goree, M.
Oliveira, Mary Kimbrell, Karen Cribbs, Teresa Macias, Jeffrey
Wang, Olga Beregovskaya, Edgar Clark, Julian Kim, Jong Moon,
Ravijot Gill, P. Rouch, and M. Mays (collectively,
located in a hyper-endemic region for Coccidioidomycosis
(Cocci), a fungus which causes the disease known as Valley
Fever. African-Americans, Filipinos, people with weak immune
systems, such as those with an organ transplant or who have
HIV/AIDS, and those with chronic illnesses such as Diabetes
and chronic lung disease requiring oxygen, are at increased
risk of developing severe disease. Individuals with a prior
history of Cocci are immune to subsequent infection.
is an African-American man who has never contracted Valley
Fever and is at an increased risk of extrapulmonary
[sic] complications caused by Valley Fever.
Plaintiff has been diagnosed with chronic obstructive
pulmonary disease, asthma, uncontrolled hypertension, and a
degenerative bulging disc in his neck and back, resulting in
chronic pain. Plaintiff requested to be transferred to
California State Prison-Sacramento, which is located in a
non-hyper-endemic region for Valley Fever.
10, 2013 and September 17, 2013, Plaintiff sent letters to
Defendant Jeffrey Beard, informing him that Plaintiff is an
African-American prisoner, apprising him of Plaintiff's
medical maladies, and requesting to be transferred out of the
hyper-endemic region. Defendant Beard refused and/or failed
to respond to the letters.
10, 2013, Plaintiff also sent letters or Inmate Request for
Interview forms to these 27 Defendants: Connie Gipson, R. K.
Swift, M. Sexton, M. Jennings, J. C. Smith, R. S. Lambert, S.
Johnson, M. Junious, C. Moreno, C. Rodriguez, S. C. Rousseau,
J. Callow, R. Vogel, A. Peterson, M. Calhoun, D. Madsen, M.
Mason, P. Davis, N. Diaz, Mary Kimbrell, Jeffrey Wang, Olga
Beregovskaya, Edgar Clark, Julian Kim, Jong Moon, Ravijot
Gill, and P. Rouch, informing them of the same facts and
requesting to be referred to the Institutional Classification
Committee (ICC) so he could be transferred. The Defendants
ignored Plaintiff's written requests. Plaintiff
subsequently informed these same 27 Defendants in person.
They all refused to refer Plaintiff to the ICC.
October 15, 2013, Defendant Davis told Plaintiff that
although Plaintiff is an African-American, he is properly
housed at CSP.
consultations with eight of the Defendants who are medical
personnel, these eight Defendants admitted that they know
Plaintiff is at an increased risk for extrapulmonary
complications, but they were instructed to classify him as
October 15, 2013, Plaintiff sent CDCR-22 Request for
Interview forms to Defendants Jeffrey Wang, Olga
Beregovskaya, Edgar Clark, Julian Kim, Jong Moon, Ravijot
Gill, and P. Rouch, requesting to be taken back to the ICC
for transfer, due to his serious medical conditions. Each of