Plett v. Tucker

Summary

The United States District Court for the Eastern District of California grants the plaintiff’s application to proceed in forma pauperis. The court dismisses the prisoner’s complaint for failure to allege sufficient facts supporting an Eighth Amendment deliberate-indifference claim based on an alleged denial or delay of medical care, but grants 30 days to amend.

Holdings

1. The complaint failed to state an Eighth Amendment deliberate-indifference claim because its sparse allegations did not establish that Tucker acted with deliberate indifference to plaintiff's health or safety or explain why Tucker was responsible for the alleged deprivations.
2. The complaint was dismissed because it failed to state a claim upon which relief may be granted.
3. Plaintiff was granted leave to amend the complaint within thirty days.

Questions Presented

1. Whether the complaint stated a cognizable Eighth Amendment deliberate-indifference claim based on the alleged denial or delay of medical care and medication.
2. Whether the complaint should be dismissed under the prisoner-screening statute for failure to state a claim.
3. Whether plaintiff should be granted leave to amend.

Disposition

dismissed