United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF
ACTION FOR FAILURE TO STATE A CLAIM (ECF NO. 15)
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Daniel Steve Dixon (“Plaintiff”) is a state
prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983. This
matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
September 21, 2016, the Court dismissed Plaintiff's
complaint with leave to amend. (ECF No. 12.) Plaintiff's
first amended complaint, filed on November 18, 2016, is
currently before the Court for screening.
Screening Requirement and Standard
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity and/or against
an officer or employee of a governmental entity. 28 U.S.C.
§ 1915A(a). Plaintiff's complaint, or any portion
thereof, is subject to dismissal if it is frivolous or
malicious, if it fails to state a claim upon which relief may
be granted, or if it seeks monetary relief from a defendant
who is immune from such relief. 28 U.S.C. § 1915A(b)(1),
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, 129 S.Ct. 1937, 1949 (2009)
(citing Bell Atl. Corp. v. Twombly, 550 U.S. 544,
555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff's
allegations are taken as true, 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).
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, 129 S.Ct. at 1949 (quotation marks omitted); Moss
v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009).
The sheer possibility that a defendant acted unlawfully is
not sufficient, and mere consistency with liability falls
short of satisfying the plausibility standard.
Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation
marks omitted); Moss, 572 F.3d at 969.
Allegations in First Amended Complaint
is currently housed at the R.J. Donovan Correctional Facility
in San Diego, California. The events giving rise to this
action are alleged to have occurred while Plaintiff was
housed at the Sierra Conservation Center (“SCC”)
in Jamestown, California. Plaintiff names the following
defendants: (1) Dr. J. St. Clair; (2) Dr. William Savage; (3)
Dr. N. Ridge; and (4) Physician's Assistant
(“PA”) T. Day.
alleges as follows: In 2014, while at Deuel Vocational
Institution (“DVI”) for out-to-court appearances,
Plaintiff was examined by a doctor at DVI for severe pain in
his left shoulder caused by falling to the cell floor while
experiencing a seizure. He was rushed to the hospital, where
he remained for a few days. Thereafter, based on restless
sleep, stabbing pain in his left shoulder, and mobility
issues in his left arm, Plaintiff underwent physical therapy
at DVI and was prescribed morphine pain medication, without a
waiver, after other pain medications were determined
ineffective and discontinued.
Plaintiff returned to SCC, on January 26, 2015, Dr. Savage
found Plaintiff's left shoulder injury severe enough to
prescribe pain medication. Unlike DVI, however, Dr. Savage
required Plaintiff to sign a pain management agreement. If
not signed, the morphine would have been discontinued and
replaced with other medication.
April 23, 2015, Dr. Savage again examined Plaintiff and
increased his morphine pain medication from 1 tablet by mouth
twice a day to 3 times a day as needed for pain.
14, 2015, Plaintiff was issued a CDCR-128-A Information
Chrono for allegedly failing to swallow his prescribed
medication. PA Day ordered that Plaintiff be eased off of his
morphine medication for allegedly being caught