Summary
The United States District Court for the Eastern District of California screens a state prisoner’s 42 U.S.C. § 1983 complaint alleging Eighth Amendment violations arising from changes to cardiac treatment and alleged misdiagnosis. The court dismisses the complaint with leave to amend because it does not adequately identify each defendant’s responsibility or the physical injury resulting from allegedly denied cardiology appointments. The court grants the plaintiff’s application to proceed in forma pauperis and allows thirty days to amend or voluntarily dismiss the action.
Holdings
- The complaint failed to state a cognizable claim and was dismissed with leave to amend.
- Plaintiff was granted leave to file an amended complaint addressing the identified deficiencies within thirty days.
Questions Presented
- Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983 sufficient to proceed past mandatory prisoner screening.
- Whether the complaint adequately identified what each defendant did, the legal theory and relief sought, and the physical injury allegedly caused by denied cardiology appointments.
Disposition
dismissed
Cases Cited (10)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Kobold v. Good Samaritan Reg'l Med. Ctr., 832 F.3d 1024, 1038 (9th Cir. 2016)(followed)
- Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc)(followed)
- Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)(followed)
- Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017)(followed)
- Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997)(followed)
- Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)(followed)
- McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996)(followed)
- Lacey v. Maricopa Cnty., 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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