Jimenez v. Wang et al

Filing 15

SCREENING ORDER DISMISSING 1 Action (Strike), with Prejudice, for Failure to State a Claim under Section 1983 and COUNTING DISMISSAL AS A STRIKE Under 28 U.S.C. 1915(G) signed by Magistrate Judge Sheila K. Oberto on 9/9/2011. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT CHRISTOPHER JIMENEZ,

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Plaintiff,

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CASE NO. 1:10-cv-01766-SKO PC
SCREENING ORDER DISMISSING ACTION,
WITH PREJUDICE, FOR FAILURE TO
STATE A CLAIM UNDER SECTION 1983
AND COUNTING DISMISSAL AS A STRIKE
UNDER 28 U.S.C. § 1915(G)

v.
DR. WANG, et al.,

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Defendants.

(Doc. 1)
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Screening Order
I.

Screening Requirement

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Plaintiff Robert Christopher Jimenez, a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 27, 2010. The

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Court is required to screen complaints brought by prisoners seeking relief against a governmental

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entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must

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dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or

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malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief

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from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). “Notwithstanding

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any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any

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time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief

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may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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A complaint must contain “a short and plain statement of the claim showing that the pleader

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is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but
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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,

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do not suffice,” Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S.Ct. 1937, 1949 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts “are not required

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to indulge unwarranted inferences,” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir.

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2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true,

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legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

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Under section 1983, Plaintiff must demonstrate that each defendant personally participated

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in the deprivation of his rights. Iqbal, 129 S.Ct. at 1949; Jones v. Williams, 297 F.3d 930, 934 (9th

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Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim

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for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir.

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2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal,

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129 S.Ct. at 1949-50; Moss, 572 F.3d at 969.

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II.

Plaintiff’s Complaint

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A.

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Plaintiff is currently incarcerated at Pelican Bay State Prison (Pelican Bay). Plaintiff filed

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this action against Doctor Wang and Registered Nurses Garnetta and MacIlvane for acting with

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deliberate indifference to his medical needs while he was at California State Prison-Corcoran (CSP-

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Corcoran) for one month in 2008. Plaintiff’s Eighth Amendment medical care claim arises from the

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alleged discontinuation of treatment for his Hepatitis C.

Summary of Allegations

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Plaintiff was transferred from California State Prison-Solano (CSP-Solano) to Pelican Bay.

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En route, he was temporarily incarcerated at CSP-Corcoran from May 16, 2008, to June 10, 2008.

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While at CSP-Solano, he had been placed on a one-year treatment regimen for Hepatitis C,

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consisting of Pegylate and Ribavirin from July 17, 2007, to July 17, 2008. On May 20, 2008,

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Plaintiff received his injection and a ten-day supply of Ribavirin. Defendant Wang allegedly

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discontinued Plaintiff’s treatment on May 25, 2008. Plaintiff’s treatment resumed on June 10, 2008,

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at Pelican Bay, but it was thereafter discontinued on July 24, 2008, based on lab results.

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B.

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“[T]o maintain an Eighth Amendment claim based on prison medical treatment, an inmate

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must show ‘deliberate indifference to serious medical needs.’” Jett v. Penner, 439 F.3d 1091, 1096

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(9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 295 (1976)). The two part

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test for deliberate indifference requires the plaintiff to show (1) “‘a serious medical need’ by

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demonstrating that ‘failure to treat a prisoner’s condition could result in further significant injury or

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the unnecessary and wanton infliction of pain,’” and (2) “the defendant’s response to the need was

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deliberately indifferent.” Jett, 439 F.3d at 1096 (quoting McGuckin v. Smith, 974 F.2d 1050, 1059

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(9th Cir. 1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th

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Medical Care Claim

Cir. 1997) (en banc) (internal quotations omitted)).

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Deliberate indifference is shown by “a purposeful act or failure to respond to a prisoner’s

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pain or possible medical need, and harm caused by the indifference.” Id. (citing McGuckin, 974 F.2d

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at 1060). Deliberate indifference may be manifested “when prison officials deny, delay or

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intentionally interfere with medical treatment, or it may be shown by the way in which prison

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physicians provide medical care.” Id. (citing McGuckin at 1060 (internal quotations omitted)).

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Where a prisoner is alleging a delay in receiving medical treatment, the delay must have led to

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further harm in order for the prisoner to make a claim of deliberate indifference to serious medical

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needs. McGuckin at 1060 (citing Shapely v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404,

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407 (9th Cir. 1985)).

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Plaintiff is attempting to state an Eighth Amendment claim against Defendant Wang for

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discontinuing his Hepatitis C treatment plan on May 25, 2008. Plaintiff had been provided with a

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ten-day Ribavirin prescription on May 20, 2008, and a diagnostic blood test was ordered on May 27,

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2008. Plaintiff thereafter transferred to Pelican Bay on June 10, 2008, where his treatment was

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briefly restarted and then discontinued. These facts do not support a claim that Defendant Wang

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knowingly disregarded a substantial risk of harm to Plaintiff’s health and that Plaintiff suffered

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further injury due to what amounted to, at most, a minor interruption in Plaintiff’s course of

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treatment – a course which was soon discontinued at Pelican Bay.

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Although Plaintiff alleges that his treatment was discontinued without being seen by

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Defendant Wang, the Eighth Amendment does not require that changes to medical treatment be

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made in conjunction with an office visit. Plaintiff’s medical records demonstrate that it was

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Defendant Wang’s medical judgment that Plaintiff did not need further treatment. (Comp., p. 19.)

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Further, there are no facts pled which suggest that Defendants Garnetta and MacIlvane

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knowingly disregarded a substantial risk of harm to Plaintiff’s health and that he suffered further

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harm as a result. Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970 (1994); Toguchi v. Chung,

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391 F.3d 1051, 1057 (9th Cir. 2004).

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III.

Conclusion and Order

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Plaintiff’s complaint fails to state a claim upon which relief may be granted. The Eighth

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Amendment does not remedy negligence, and it is does not support claims based on a prisoner’s

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disagreement with the medical care decisions rendered by physicians. Estelle, 429 U.S. at 106; Jett,

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439 F.3d at 1096; Hearns v. Terhune, 413 F.3d 1036, 1040 (9th Cir. 2005); McGuckin, 974 F.2d at

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1059; O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990); Wood v. Housewright, 900 F.2d 1332,

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1334 (9th Cir. 1990); Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986); Franklin v. Oregon,

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662 F.2d 1337, 1344 (9th Cir. 1981). The record, which includes medical records, shows that

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Plaintiff was evaluated and treated for Hepatitis C at CSP-Solano, CSP-Corcoran, and Pelican Bay.

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Plaintiff’s disagreement with Defendant Wang’s medical decision that Plaintiff did not need any

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further treatment does not support a plausible claim under section 1983, and there is no basis for a

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plausible claim against Defendants Garnetta and MacIlvane arising out of these events.

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Accordingly, the Court finds that leave to amend is not warranted, Lopez v. Smith, 203 F.3d

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1122, 1130 (9th Cir. 2000); Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987), and this action

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is HEREBY ORDERED DISMISSED, with prejudice, for failure to state a claim under section 1983.

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This dismissal SHALL count as a strike under 28 U.S.C. § 1915(g).

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IT IS SO ORDERED.

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Dated:
ie14hj

September 9, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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