United States District Court, E.D. California
ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.
a state prisoner proceeding pro se, seeks relief pursuant to
42 U.S.C. § 1983 and has requested leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915.
Application to Proceed In Forma Pauperis
has submitted a declaration that makes the showing required
by 28 U.S.C. § 1915(a). ECF Nos. 2, 6. Accordingly, the
request to proceed in forma pauperis will be granted.
is required to pay the statutory filing fee of $350.00 for
this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By
this order, plaintiff will be assessed an initial partial
filing fee in accordance with the provisions of 28 U.S.C.
§ 1915(b)(1). By separate order, the court will direct
the appropriate agency to collect the initial partial filing
fee from plaintiffs trust account and forward it to the Clerk
of the Court. Thereafter, plaintiff will be obligated for
monthly payments of twenty percent of the preceding
month's income credited to plaintiff's prison trust
account. These payments will be forwarded by the appropriate
agency to the Clerk of the Court each time the amount in
plaintiffs account exceeds $10.00, until the filing fee is
paid in full. 28 U.S.C. § 1915(b)(2).
Statutory Screening of Prisoner Complaints
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. § l9l5A(a).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are "frivolous,
malicious, or 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.
"is [legally] frivolous where it lacks an arguable basis
either in law or in fact." Neitzke v. Williams.
490 U.S. 319, 325 (1989); Franklin v. Murphy, 745
F.2d 1221, 1227-28 (9th Cir. 1984). "[A] judge may
dismiss . . . claims which are 'based on indisputably
meritless legal theories' or whose 'factual
contentions are clearly baseless.'" Jackson v.
Arizona, 885 F.2d 639, 640 (9th Cir. 1989) (quoting
Neitzke, 490 U.S. at 327), superseded by statute
on other grounds as stated in Lopez v. Smith, 203 F.3d
1122, 1130 (9th Cir. 2000). The critical inquiry is whether a
constitutional claim, however inartfully pleaded, has an
arguable legal and factual basis. Franklin, 745 F.2d
at 1227-28 (citations omitted).
Rule of Civil Procedure 8(a)(2) requires only 'a short
and plain statement of the claim showing that the pleader is
entitled to relief,' in order to 'give the defendant
fair notice of what the . . . claim is and the grounds upon
which it rests.'" Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (alteration in
original) (quoting Conlev v. Gibson. 355 U.S. 41, 47
(1957)). "Failure to state a claim under § 1915A
incorporates the familiar standard applied in the context of
failure to state a claim under Federal Rule of Civil
Procedure 12(b)(6)." Wilhelm v. Rotman, 680
F.3d 1113, 1121 (9th Cir. 2012) (citations omitted). In order
to survive dismissal for failure to state a claim, a
complaint must contain more than "a formulaic recitation
of the elements of a cause of action;" it must contain
factual allegations sufficient "to raise a right to
relief above the speculative level." Twombly,
550 U.S. at 555 (citations omitted). '"[T]he
pleading must contain something more . . . than ... a
statement of facts that merely creates a suspicion [of] a
legally cognizable right of action.'" Id.
(alteration in original) (quoting 5 Charles Alan Wright &
Arthur R. Miller, Federal Practice and Procedure
§ 1216 (3d ed. 2004)).
complaint must contain sufficient factual matter, accepted as
true, to 'state a claim to relief that is plausible on
its face.'" Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (quoting Twombly, 550 U.S. at 570).
"A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged." Id. (citing
Twombly, 550 U.S. at 556). In reviewing a complaint
under this standard, the court must accept as true the
allegations of the complaint in question, Hosp. Bldg. Co.
v. Trs. of the Rex Hosp., 425 U.S. 738, 740 (1976), as
well as construe the pleading in the light most favorable to
the plaintiff and resolve all doubts in the plaintiff's
favor, Jenkins v. McKeithen. 395 U.S. 411, 421
(1969) (citations omitted).
complaint alleges that plaintiffs Fourteenth Amendment rights
were violated by defendant Raja Dutta, M.D. ECF No. 1. On
July 19, 2016, defendant interviewed and diagnosed plaintiff
with Bipolar Affective Disorder. Li at 3-4. Plaintiff claims
that defendant asked him to sign a medication consent form to
take Risperdal orally, but he disagreed with the new
diagnosis and initially refused to sign. Li at 4. Upon
plaintiffs refusal, defendant threatened to file for a Keyhea
order against plaintiff if he continued to
refuse medication. Li Plaintiff signed the consent under
duress in order to avoid being "forced to take any
psychotic [sic] medication via 'hotshot.'"
following day, despite plaintiff's written consent to
take medication orally, plaintiff received an Involuntary
Medication Notice. Id. at 5. In the form, defendant
checked that plaintiff was a "Danger to Self and
"Gravely Disabled and Lack[ed] Capacity to Refuse
Treatment." Id. at 5, 23. Plaintiff claims
defendant's finding was false and unnecessary because he
was not a danger and had consented to taking the medication
orally. Id. at 5-6. On August 4, 2016, plaintiff
attended an involuntary medication hearing where an order was
issued granting defendant's request to involuntary
medicate plaintiff. Id. at 6. Plaintiff alleges that
defendant perjured himself during the hearing. Id.
at 6. Approximately ten minutes after the hearing, defendant
ordered that plaintiff receive "a Risperidal [sic]
'Hot Shot, '" which was given against his will.
Li Plaintiff claims the "Hot Shot" left him in a
"comatose-zombie like state." Li Defendant ordered
that plaintiff be involuntarily medicated on four additional
occasions, and each time he suffered from a
"comatose-zombie like state." Li at 3, 6-7.