United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF
NO. 1) THIRTY (30) DAY DEADLINE
MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE.
David Ibarra, a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action pursuant to 42
U.S.C. § 1983 on February 2, 2017. Plaintiff has
consented to Magistrate Judge jurisdiction in this case. (ECF
No. 6). No other parties have appeared.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an 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. §
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). 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 (2009) (citing Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (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.
section 1983, Plaintiff must demonstrate that each defendant
personally participated in the deprivation of his rights.
Jones v. Williams, 297 F.3d 930, 934 (9th Cir.
2002). This requires the presentation of factual allegations
sufficient to state a plausible claim for relief.
Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret
Service, 572 F.3d 962, 969 (9th Cir. 2009). Prisoners
proceeding pro se in civil rights actions are entitled to
have their pleadings liberally construed and to have any
doubt resolved in their favor, Hebbe v. Pliler, 627
F.3d 338, 342 (9th Cir. 2010) (citations omitted), but
nevertheless, the mere possibility of misconduct falls short
of meeting the plausibility standard, Iqbal, 556
U.S. at 678; Moss, 572 F.3d at 969.
complains of acts that occurred at Kern Valley State Prison
(“KVSP”) in Delano, California, and the
California Correctional Institution (“CCI”) in
Tehachapi, California. Plaintiff brings this action against
several Defendants: L.D. Zamora, Chief of Healthcare for the
California Department of Corrections; T. Brewer, Chief
Executive Officer at KVSP; L. Bluford, health care appeals
coordinator at KVSP; Shittu, a doctor at KVSP; D. Longcrier,
Chief Support Executive at CCI; Tate, doctor at CCI; and
Ross, doctor at CCI. Plaintiff alleges that Defendants denied
him adequate medical care.
allegations may be summarized as follows:
early as March 2010, Plaintiff has suffered from severe and
excruciating pain in the left side of his neck, torso, and
shoulder. He continually complained to Defendants, who
reacted with deliberate indifference. They refused him pain
medication, proper diagnosis, and treatment. In February
2015, after Plaintiff was transferred to a different
institution, doctors there properly diagnosed Plaintiff with
a torn left rotator cuff, muscle retraction and severe muscle
atrophy which needed reverse shoulder arthroplasty. According
to these physicians, the extended period of time without
treatment meant that a total shoulder replacement was
seeks monetary damages and declaratory judgment.