United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND FOR
FAILURE TO STATE A CLAIM (ECF NO. 1)
Shawn Lee Rives is a federal prisoner proceeding pro se and
informa pauperis in this civil rights action pursuant to
Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971).
Currently before the Court is Plaintiff's complaint,
filed March 9, 2017.
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 on
which relief may be granted, ” or that “seek
monetary relief against a defendant who is immune from such
relief.” 28 U.S.C. § 1915(e)(2)(B).
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)).
Moreover, Plaintiff must demonstrate that each defendant
personally participated in the deprivation of Plaintiff's
rights. Jones v. Williams, 297 F.3d 930, 934 (9th
proceeding pro se in civil rights actions are entitled to
have their pleadings liberally construed and to have any
doubt resolved in their favor. Wilhelm v. Rotman,
680 F.3d 1113, 1121 (9th Cir. 2012) (citations omitted). To
survive screening, Plaintiff's claims must be facially
plausible, which requires sufficient factual detail to allow
the Court to reasonably infer that each named defendant is
liable for the misconduct alleged. Iqbal, 556 U.S.
at 678-79; Moss v. U.S. Secret Service, 572 F.3d
962, 969 (9th Cir. 2009). The “sheer possibility that a
defendant has acted unlawfully” is not sufficient, and
“facts that are ‘merely consistent with' a
defendant's liability” falls short of satisfying
the plausibility standard. Iqbal, 556 U.S. at 678;
Moss, 572 F.3d at 969.
is a federal prisoner and is currently housed at the Coleman
I Penitentiary. Prior to be taken into custody, Plaintiff had
been diagnosed with a slipped disk and folliculitis (an
inflammatory condition which may be disfiguring). (Compl.
Plaintiff had an MRI about October 3, 2002, which confirmed a
serious spinal cord injury and suffers from continued back
pain. (Compl. 3-4.)
February 26, 2017, when Plaintiff was taken into the custody
of the United States, he was housed at the United States
Penitentiary in Atwater. (Compl. 1, 2-3.) Between February
26, 2017, through March 3, 2017, Plaintiff requested medical
treatment more than thirty times. (Compl. 3.) Medical staff
has consistently refused to provide Plaintiff with proper
medical care. (Compl. 3.) The warden has refused to instruct
medical staff to provide Plaintiff with proper medical care
and all Federal Bureau of Prison (“FBOP”)
personnel have refused to ensure that Plaintiff receives
proper medical care. (Compl. 3.) FBOP personnel have
consistently refused to obtain Plaintiff's prior medical
records which include the 2002 MRI. (Compl. 4.) Plaintiff is
required to walk unaided on concrete to and from the dining
hall, school, etc. resulting in pain. (Compl. 4.)
brings this action against Warden Matevousian, Dr. Moore,
unidentified FBOP staff and unidentified USP Atwater staff
alleging violation of the Eighth Amendment. (Compl. 5-6.)
Plaintiff is seeking a declaration that his rights have been
violated, permanent injunctive relief, and monetary damages.
reasons discussed below, Plaintiff has failed to allege any
cognizable claims for relief. Plaintiff shall be provided
with the legal standards that apply to his claim and will be
granted an opportunity to file an amended complaint to cure
the deficiencies in his complaint.