Summary
The United States District Court for the Eastern District of California dismissed a state prisoner’s second amended complaint alleging Eighth Amendment violations concerning medical care. The court held that the claims were unrelated and granted leave to amend so that the plaintiff could pursue only related claims.
Holdings
- Claims concerning different alleged wrongs occurring during different periods and involving different defendants were not sufficiently related to be litigated together in the same action.
- The second amended complaint was dismissed with leave to amend so that the plaintiff could bring only related claims.
- A prisoner complaint seeking relief against a governmental entity, officer, or employee must be screened under 28 U.S.C. § 1915A, and the complaint must provide a short and plain statement containing enough factual matter to state a plausible claim for relief.
Questions Presented
- Whether the complaint's allegations concerning delayed hernia surgery, inadequate surgical procedures, medication and medical-care decisions, and retaliation were sufficiently related to proceed together.
- Whether the second amended complaint should be dismissed during prisoner screening under 28 U.S.C. § 1915A, with leave to amend.
Disposition
dismissed
Cases Cited (10)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(applied)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(applied)
- Kobold v. Good Samaritan Reg'l Med. Ctr., 832 F.3d 1024, 1038 (9th Cir. 2016)(applied)
- Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc)(applied)
- Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)(applied)
- Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017)(applied)
- Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997)(applied)
- Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)(applied)
- George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)(applied)
- Lacey v. Maricopa County, 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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