Gregory Wherry v. Jeff Lynch, et al.

Summary

The United States District Court for the Eastern District of California dismisses Gregory Wherry’s amended 42 U.S.C. § 1983 complaint for failure to state a claim. The court grants plaintiff one final opportunity to file a complete second amended complaint within thirty days and warns that failure to do so will result in a recommendation that the action be dismissed.

Holdings

1. The amended complaint failed to state a claim against Lynch and Bobbala because it alleged no specific facts establishing an affirmative link between either defendant's actions and the claimed constitutional deprivation.
2. The amended complaint failed to state an Eighth Amendment medical-care claim because it did not allege facts showing that Dr. Hlaing denied or delayed care for a serious medical need or acted with deliberate indifference.
3. The action could not proceed against unidentified Doe defendants because they could not be served with process.
4. Plaintiff was granted one final opportunity, for thirty days, to file a complete second amended complaint complying with the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice.

Questions Presented

1. Whether the amended complaint stated a cognizable claim under 42 U.S.C. § 1983 against the named prison officials.
2. Whether the amended complaint stated an Eighth Amendment deliberate-indifference claim based on medical care.
3. Whether the action could proceed against unidentified Doe defendants.
4. Whether plaintiff should receive another opportunity to amend.

Disposition

dismissed