United States District Court, E.D. California
SCREENING ORDER DISMISSING COMPLAINT WITH LEAVE TO
AMEND (ECF NO. 1)
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.
Carthell David Jeys (“Plaintiff”) is a civil
detainee proceeding pro se and in forma pauperis in this
civil rights action. Individuals detained under California
Welfare Institutions Code § 6600 et seq. are civil
detainees and are not prisoners within the meaning of the
Prison Litigation Reform Act. Page v. Torrey, 201
F.3d 1136, 1140 (9th Cir. 2000). Plaintiff's complaint,
filed on December 23, 2016, is currently before the Court for
screening pursuant to 28 U.S.C. § 1915.
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).
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 Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007)). Plaintiff must set forth “sufficient factual
matter, accepted as true, to ‘state a claim to relief
that is plausible on its face.'” Id.
(quoting Twombly, 550 U.S. at 570). While factual allegations
are accepted as true, legal conclusions are not. Id.
Allegations in Complaint
names the following defendants: (1) Hospital Administrator
Audry King; (2) Hospital Assistant Administrator Brandon
Price; and (3) Unit Supervisor Ian Young.
alleges as follows:
They had me going up [and] down concrete stairs daily that
caused extreme stress [and] physical duress onto my ankles,
shin's [and] legs. I was only given “tylenol”
regular generic to compensate for my discomfort and chronic
pain as they called it. Nothing was attempted since November
2015 to December 12, 2016 when a Dr. Nyugen assigned as our
Podiatry Surgen did a sonagram when he descovered the torn
tendon on my right ankle to foot called a Tiabialis Posterior
Tendon. It can not be repaired only used by orthotic's
devices to aide me in walking (it feels like I stepped on a
pebble onto my heel).
(ECF No. 1, pp. 4-5) (unedited text).
requests compensatory damages, a vehicle made to accommodate
him while he drives and immediate release from confinement.