United States District Court, E.D. California
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE
TO AMEND FOR FAILURE TO STATE A CLAIM (ECF NO. 18)
Michael Peralta, a state prisoner, is appearing pro se and in
forma pauperis in this civil rights action pursuant to 42
U.S.C. § 1983. Currently before the Court is
Plaintiff's first amended complaint, filed on June 22,
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.
was arrested and confined in the Fresno County Jail on May 2,
2015. (First Am. Compl. (FAC) 4, ECF No. 18.) Corizon Medical
filed a medication verification form and Licensed Vocational
Nurse M. Zakharoua signed the form and it was faxed to the
pharmacy at WalMart. (FAC 4.) On May 3, 2015, WalMart sent
Plaintiff's medication to the Fresno County Jail. (FAC
4.) Plaintiff attempted to receive his medication and was
refused. (FAC 4.) On May 4, 2015, Plaintiff had a massive
heart attack and was taken to Fresno Regional Medical Center
by ambulance. (FAC 4.) Plaintiff had complained of chest pain
and requested his heart medication for 48 hours since his
arrest on May 2, 2015. (FAC 4-5.)
4, 2015, after suffering his heart attack, Dr. Khoi M. Le
performed several heart procedures on Plaintiff. (FAC 5.)
Plaintiff was found to have congestive heart failure. (FAC
10, 2015, Plaintiff was discharged from the hospital, and Dr.
Jaini completed a discharge summary and ordered a list of
medications to be given to Plaintiff daily. (FAC 5.) Upon his
arrival back to the Fresno County Jail, Plaintiff requested
medication and it was refused. (FAC 7.) On May 11, 2015,
Plaintiff began filing health form requests and has been
refused his medication. (FAC 7.) Plaintiff was rushed to
Corizon Medical on May 11, 2015, complaining of chest pain
and light headedness. (FAC 7.) Plaintiff was provided with
medication and stabilized. (FAC 7.)
Plaintiff was stabilized in the Fresno County infirmary he
began submitting health request forms seeking medical help.
(FAC 7.) From May 11, 2015, to August 29, 2015, Plaintiff
filed 16 health forms. (FAC 7.) Plaintiff's medical
requests went unanswered until Registered Nurse Yoselly
signed all medical requests on May 19, 2015. (FAC 8.)
being in the Fresno County infirmary for 30 days, Plaintiff
was interviewed by Sergeant Moreno on his health condition.
(FAC 8.) Sgt. Moreno confirmed that Plaintiff had two heart
attacks due to not receiving his medication for ...