United States District Court, E.D. California
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.
Ricardo Martinez is appearing pro se and in
forma pauperis in this civil rights action pursuant to
42 U.S.C. § 1983.
before the Court is Plaintiff's complaint, filed
September 18, 2019.
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.
complaint is sparse and sets forth various vague and
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.
C. Pfeiffer at Kern Valley State Prison (KVSP) knew of the
violations and failed to fix the situation.
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.
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.
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
14, 2018, sergeant Stane broke the frame of Plaintiff's
eyeglasses. On this same date, sergeant Stane hired a hit man
to assault Plaintiff.
14, 2018, Stane and S. Furlong retaliated against Plaintiff.
On this date, at approximately 7:35 a.m., inmate Goldstein