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Jeys v. King

United States District Court, E.D. California

July 5, 2017

CARTHELL DAVID JEYS, Plaintiff,
v.
AUDRY KING, et al., Defendants.

          SCREENING ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF NO. 1)

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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.

         I. Screening Requirement

         “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. § 1915(e)(2)(B)(ii).

         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). 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.

         II. Allegations in Complaint

         Plaintiff names the following defendants: (1) Hospital Administrator Audry King; (2) Hospital Assistant Administrator Brandon Price; and (3) Unit Supervisor Ian Young.

         Plaintiff 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).

         Plaintiff requests compensatory damages, a vehicle made to accommodate him while he drives and immediate release from confinement.

         III. Discussion

         A. ...


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