United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF
CERTAIN CLAIMS AND DEFENDANTS (ECF NOS. 14, 15)
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Jared Richardson (“Plaintiff”), also known as
Janette Ryukuza Murakami, is a state prisoner proceeding pro
se and in forma pauperis in this civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff initiated this action
while detained in the Fresno County Jail.
January 26, 2018, the Court screened Plaintiff's first
amended complaint under 28 U.S.C. § 1915A, and found
that it stated cognizable claims against Defendants Crossman
and Vang for inadequate medical care in violation of the
Fourteenth Amendment, but failed to state any other
cognizable claims against any other defendants. The Court
ordered Plaintiff to either file a first amended complaint or
notify the Court of her willingness to proceed only on her
cognizable claims. (ECF No. 14.) On February 16, 2018,
Plaintiff notified the Court of her willingness to proceed
only on her cognizable claims. (ECF No. 15.)
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 (2009) (citing Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (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 (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 (quotation marks omitted); Moss, 572
F.3d at 969.
Allegations in Complaint
is currently housed at Salina Valley State Prison. The events
in the complaint are alleged to have occurred while Plaintiff
was housed in the Fresno County Jail. Plaintiff names the
following defendants: (1) Corizon Health; (2) Mike Stribling,
LMFT; (3) Edward Crossman, LMFT MH Supervisor; (4) Harold R.
Turl, Ph.D, MHS; and (5) May Vang, Psychiatric RN.
pretrial detainee, Plaintiff made requests for medical care.
Plaintiff alleges that Defendant Corizon did not take
reasonable steps to provide medical care in violation of
Plaintiff's Eighth and Fourteenth Amendment rights.
on November 16, 2015, Plaintiff filed health care requests
attempting to obtain hormone replacement therapy. On December
18, 2015, Plaintiff filed a grievance seeking gender
affirmative health care. The grievance came back sustained,
but ignored Plaintiff's request for gender affirming
health care. Plaintiff was informed that the reason it was
ignored was because of a policy.
filed a grievance indicating that Plaintiff was under a lot
of stress and wanted to speak to an official regarding
medical mistreatment. Defendant Turl replied that it was
against policy to initiate hormone replacement therapy, and
it only could be continued. Plaintiff was not treated for
gender dysphoria, but did see a psychiatrist.
17, 2016, Plaintiff expressed in a grievance that depression
and self-hatred ...