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Ibarra v. Zamora

United States District Court, E.D. California

July 14, 2017

DAVID IBARRA, Plaintiff,
v.
L.D. ZAMORA, et al., Defendants.

          ORDER DIRECTING PLAINTIFF TO FILE EITHER A SECOND AMENDED COMPLAINT OR A NOTICE OF WILLINGNESS TO PROCEED ON HIS EIGHTH AMENDMENT CLAIM AGAINST DR. SHITTU ONLY (ECF NO. 12) THIRTY (30) DAY DEADLINE

          Michael J. Seng UNITED STATES MAGISTRATE JUDGE

         Plaintiff David Ibarra, a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 2, 2017. Plaintiff has consented to Magistrate Judge jurisdiction in this case. (ECF No. 6). No other parties have appeared.

         I. Screening Requirement

         The in forma pauperis statute provides, “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).

         II. Pleading Standard

         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 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. at 678.

         Under 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.

         III. Plaintiff's Allegations

         Plaintiff complains of acts that occurred at Kern Valley State Prison (“KVSP”) in Delano, California, and the California Correctional Institution (“CCI”) in Tehachapi, California. Plaintiff brings this action against four Defendants: T. Brewer, Chief Executive Officer at KVSP; Shittu, a doctor at KVSP; D. Longcrier, Chief Support Executive at CCI; and Tate, doctor at CCI. Plaintiff alleges that Defendants denied him adequate medical care.

         Plaintiff's allegations may be summarized as follows:

         From as early as January 2010, Plaintiff has continually complained of right shoulder pain. Defendant Dr. Shittu, of KVSP, merely provided Plaintiff with mild pain relievers and made no attempt to diagnose or treat Plaintiff's symptoms. On July 2, 2010, Plaintiff saw Dr. Shittu complaining of excruciating and debilitating pain and numbness on the left side of his body unrelieved by the prescribed medication. Dr. Shittu told Plaintiff to stop “faking and trying to get narcotics.” Dr. Shittu refused to examine Plaintiff or prescribe Plaintiff effective pain medication.

         On July 5, 2010, Plaintiff filed a grievance complaining about Dr. Shittu's conduct. On February 15, 2011, Defendant Brewer denied Plaintiff's grievance.

         Plaintiff was eventually moved to a different “section” of the prison. On October 2, 2013, Plaintiff saw Defendant Dr. Tate. When Plaintiff described his medical issues, Dr. Tate became very agitated and refused to treat Plaintiff, stating “prisoners aren't worthy of civilian treatment.” On October 25, 2010, after several unsuccessful visits with Dr. Tate, Plaintiff filed an inmate grievance regarding Dr. Tate's conduct. Defendant Longcrier denied the grievance on December 31, 2013.

         Plaintiff was eventually moved to Pelican Bay State Prison, and on February 11, 2015, an MRI revealed that Plaintiff had a torn rotator cuff with muscle retraction and severe muscle atrophy. ...


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