United States District Court, C.D. California, Western Division
MEMORANDUM AND ORDER DISMISSING COMPLAINT WITH LEAVE
DOUGALS F. MCCROMICK UNITED STATES MAGISTRATE JUDGE.
November 15, 2016, Michael Wilson (“Plaintiff”),
a prisoner at California Men's Colony in San Luis Obispo
County (“CMC”), filed an
“Affidavit/Declaration” in the United States
District Court for the Northern District of California. Dkt.
1 (“Affidavit”). The Clerk of the Court provided
Plaintiff with a blank Complaint by a Prisoner Form and a
blank In Forma Pauperis Application. Dkt. 2, 3. On December
1, Plaintiff filed this pro se civil rights action
pursuant to 42 U.S.C. § 1983 and moved for leave to
proceed in forma pauperis. Dkt. 5 (“Complaint”),
6. About three weeks later, the action was transferred to the
Central District of California, because the Complaint
described events that occurred at CMC. See Dkt. 9.
On January 5, 2017, this Court granted Plaintiff's
application to proceed in forma pauperis. Dkt. 12. On March
6, Plaintiff moved to amend the Complaint, adding additional
allegations. Dkt. 14 (“Supplement”). The Court
interpreted Plaintiff's motion as a request to supplement
the Complaint (Dkt. 17); the Court considers the Complaint
and Supplement together.
accordance with 28 U.S.C. §§ 1915(e)(2) and 1915A,
the Court must screen the Complaint to determine whether the
action is frivolous or malicious; fails to state a claim on
which relief might be granted; or seeks monetary relief
against a defendant who is immune from such relief.
Plaintiff's pleadings generously, Plaintiff brings the
Complaint against at least 13 defendants: (1) J. Gastello,
CMC Warden; (2) Scott Kernan, Secretary of Corrections; (3)
L. Sprague, Chief Medical Officer at CMC; (4) Ojuri Adebambo,
M.D.; (5) Camilo (referred to by Plaintiff as
“Castillo”) Guiang, primary care provider; (6)
Mrs. Romans, Educational Principle; (7) Ms. Gomez, Vice
Principal; (8) Ms. Knapp, Teacher; (9); M. Kon,
Compliance/Appeals Coordinator; (10) K. Lino, Custody Appeals
Coordinator; (11) R. Ochoa, Custody Appeals Analyst; (12) K.
Cox, ACA Coordinator; and (13) S. Aguilera, primary care
provider. Complaint at 2; Supplement at 2. Plaintiff may also
seek to bring claims against (14) Ms. Mayton, Testing
Coordinator; (15) Dr. Chaffee, optometrist; (16) Esther
Fernandez, Nurse; (17) Benjamin Allen, Nurse; and (18) Brad
T. Barcklay, “Psy. D.” Complaint at 7; Supplement
at 5-6, 8. Plaintiff does not state whether he brings his
claims against the defendants in an official or individual
capacity, or both. The Court therefore assumes that Plaintiff
asserts his claims against the defendants in their individual
SUMMARY OF ALLEGATIONS
is a “victim of an Organized Crime Ring and is
unwilling to be . . . silenced . . . [by] criminals posturing
as Doctors, Nurses, Surgeons, Appeals Coordinators.”
Complaint at 4. Plaintiff has “literally been tortured
for over a decade.” Supplement at 4.
“[O]fficials, doctors, nurses, wardens, [and] associate
wardens are all . . . colluding together to deny care . . .
Plaintiff has ‘grounds' of these officials
perpetrating fraud, altering medical records,
selling/peddling junk prescription glasses, old lenses,
defective frames and creating all these medical issues by
feeding prisoners … food without any nutritional value
creating diabetes, high cholesterol, heart attacks,
strokes.” Id. CMC “medical staff”
refuse referrals if prisoners do not volunteer to take
experimental drugs. Id.
was left with a scar on his colon after a colonoscopy
procedure at CMC. Complaint at 4. Gastello signed off, Dr.
Guiang insisted on, and Dr. Adebambo performed the procedure.
Id. at 4, 6. On November 8, 2014 at 10:00 a.m.,
Nurse Fernandez, Nurse Allen, and Dr. Adebambo “stated
a new procedure would be done where air is blown in the
colon, ” placed Plaintiff in a fetal position on a
table, and pulled his pants down around his buttocks.
Supplement at 6. The colonoscopy left Plaintiff with constant
bloating, inability to pass gas, defecation six times a day,
hemorrhoids, diverticulosis, weight loss, and irritable bowel
syndrome. Complaint at 5-6. Sprague refuses to let Plaintiff
see a specialist. Id. at 5; Supplement at 7.
Plaintiff always runs out of toilet paper, but
“medical” refuses to issue more and Plaintiff has
to pay for his toilet paper supplies. Supplement at 6.
Plaintiff was granted a high fiber diet, but was instead
given fiber tablets. Complaint at 6; Supplement at 4.
was “hit on the side line of a football game, ”
which flattened a curve in his spine. Complaint at 5. He also
has a large goiter growing on his sternum, which impedes his
breathing. Id. “CMC” claims that x-ray
results are negative, yet other x-rays show a “possible
calcified Lymph Node” and that part of Plaintiff's
rib cage is missing. Id. Plaintiff's x-ray
results were “fraudulent.” Id. at 4.
Plaintiff was scheduled to have a large calcium stone removed
from his salivary gland, but the surgery has not yet
occurred. Id. at 5. Plaintiff suffers from severe
degenerative disc disease, arthritis, and constant pain.
Id. at 3, 5.
Chaffee gave Plaintiff “defective, old lenses, ”
despite knowing that Plaintiff has glaucoma and chronic dry
eye. Supplement at 5. Dr. Chaffee has refused to replace
these lenses or renew Plaintiff's glaucoma
staff” hides Plaintiff's medical file in
“numerous windows” on the computer. Id.
saliva is white with bubbles, clogging his throat, and he was
diagnosed with “seratia marcesin.” Id.
Plaintiff asked Dr. Guiang for a saliva test, but Dr. Guiang
said that Sprague had not authorized it. Id.
“CMC” refused follow-up. Id. Plaintiff
asked for his lungs to be checked due to breathing problems;
“test[s] were performed, ” but Dr. Guiang and
Sprague “embellished” the results. Id.
acted with deliberate indifference to Plaintiff's
injuries. Id. at 5. Kernan is generally responsible
for Plaintiff's custody and care. Id. at 4.
Sprague, Kon, Lino, Ochoa, Cox, Dr. Aguilera, and Dr. Guiang
are part of a Reasonable Accommodation Panel “involved
in the deprivation of medical care.” Supplement at 2.
Gastello and Kernan have ...