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Martinez v. Pfeiffer

United States District Court, E.D. California

January 8, 2020

RICARDO MARTINEZ, Plaintiff,
v.
C. PFEIFFER, et. al., Defendants.

          ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION, FINDINGS AND RECOMMENDATION RECOMMENDING ACTION BE DISMISSED AS DUPLICATIVE [ECF NO. 1]

         Plaintiff Ricardo Martinez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

         Currently before the Court is Plaintiff's complaint, filed September 18, 2019.

         I. SCREENING REQUIREMENT

         The Court is required to screen complaints brought by individuals who are proceeding in forma pauperis. See Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam); 28 U.S.C. § 1915(e)(2). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious, ” that “fails to state a claim on which relief may be granted, ” or that “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

         II. COMPLAINT ALLEGATIONS

         Plaintiff's complaint is sparse and sets forth various vague and unrelated claims.

         Plaintiff was assaulted by a correctional officer in 2011 and suffered injuries. Plaintiff suffers major intracerebral flow voids. Plaintiff suffers lesions to the head that caused hemorrhage to his left ear and irregular flashing headaches.

         Warden C. Pfeiffer at Kern Valley State Prison (KVSP) knew of the violations and failed to fix the situation.

         Plaintiff was denied recommendations for an evaluation at Stanford University, University of California San Francisco and United of California Los Angeles. Plaintiff was also denied follow-up with a neurosurgeon. Plaintiff was denied evaluation by a brain specialist, MRI scan of lumbar spine, pain medication, diabetes medication, rescue inhaler, evaluation of hearing impairment, operation to a growth of spermatic cord tumor, replacement of prescription eyeglasses, operation for hemorrhoids, incontinence supplies, single cell status, and nose evaluation.

         On May 22, 2018, S. Furlong and D. Dozer retaliated by Plaintiff by conducting a “brutal search down.” Plaintiff asked Furlong and Dozer to be “easy” on his spinal cord, but they replied they did not give a fuck about Plaintiff's medical conditions.

         On June 4, 2018, D. Dozer retaliated against Plaintiff. On this same date, Plaintiff was called to go to the medical clinic. Dozer was at the front door approaching Plaintiff while Plaintiff was in his wheelchair. Dozer conducted a “roughshod” search which caused Plaintiff further pain.

         On July 14, 2018, sergeant Stane broke the frame of Plaintiff's eyeglasses. On this same date, sergeant Stane hired a hit man to assault Plaintiff.

         On July 14, 2018, Stane and S. Furlong retaliated against Plaintiff. On this date, at approximately 7:35 a.m., inmate Goldstein ...


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