United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND THIRTY
(30) DAY DEADLINE
MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action filed pursuant to 42 U.S.C.
§ 1983 on May 1, 2017. Plaintiff has consented to
Magistrate Judge jurisdiction in this case. (ECF No. 5). 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.
is currently incarcerated at the California State Prison, Los
Angeles County in Lancaster, California
("CSP-LAC"), however he complains of acts that
occurred at the California State Prison, Corcoran in
Corcoran, California ("CSP-COR"). Plaintiff brings
this action against three Defendants: Dr. Chita Buenafe, a
dentist; N. Flores, a dental assistant; and T. Hood, a
correctional officer, for violation of his . Plaintiff First,
Eighth, and Fourteenth Amendment rights.
March 10, 2014, Dr. Buenafe and N. Flores implanted
electrodes into his brain through a filling in his tooth. Dr.
Buenafe told Plaintiff that he was "crazy" and the
implant was necessary to control him. Since then, Plaintiff
has suffered headaches and strange vibrations, movements and
severe pain in his brain. His repeated requests for medical
attention regarding the implant and his symptoms have been
denied. Eventually, Plaintiff underwent an MRI which
supposedly showed signs of a healed cranial fracture even
though Plaintiff has never had a cranial fracture. The
doctors falsely reported the fracture to cover up
implantation of the electrodes. The implanted electrodes are
being used to cause Plaintiff pain and control him.
alleges further that Officer Hood falsely charged Plaintiff
with an RVR in retaliation for Plaintiffs complaints about
Plaintiff alleges prison officials threatened to kill him via
electric shocks to his brain and also threatened to harm his
attaches sheaves of documents to his complaint, including
appeals records and medical records. He seeks ...