Segovia v. Peters, et al.
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 1/12/17 ORDERING that defendants Schaefer, Convalecer, Moon, Ma, Nguyen, and Gill are dismissed; Service is appropriate on defendant Peters; and this action is TRANSFERRED to the United States District Court for the Eastern District of California sitting in Fresno.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID SEGOVIA,
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Plaintiff,
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No. 2:14-CV-2397-CMK-P
vs.
ORDER
PETERS, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Plaintiff has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C.
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§ 636(c) and no other party has been served or appeared in the action. Pending before the court
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is plaintiff’s complaint (Doc. 1).
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The court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
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§ 1915A(a).
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Plaintiff names as defendants correctional officer Peters and Drs. Schaefer,
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Convalecer, Moon, Ma, Nguyen, and Gill. Plaintiff states that, in January 2013, he began
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experiencing “a sharp and consistent pain” in the upper portion of his right leg, where he felt two
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almond-sized lumps under the skin. According to plaintiff, he complained to correctional
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officers that his leg was hurting, at times causing severe pain and at other times causing
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numbness. Plaintiff alleges that “C/Os at Kern Valley State Prison (K.V.S.P.) ignored plaintiff’s
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repeated requests for medical attention and refused to get plaintiff any help.”
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Next, plaintiff states that, after two days of being refused any help, he submitted a
form requesting to be seen at the medical clinic. In particular, plaintiff claims that defendant
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Peters refused to do anything despite being informed that he could not feel his leg. Plaintiff also
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told defendant Peters that he was experiencing dizziness, extremely painful and prolonged
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headaches, and had recently blacked out. Plaintiff alleges that defendant Peters failed to summon
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medical help. Plaintiff states that he later blacked out again and was then taken to the medical
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clinic but that no doctor was on duty and he was returned to his cell without any treatment.
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Plaintiff claims that he was then left “to suffer” for four days.
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On the fifth day following being returned to his cell without treatment, plaintiff
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was seen at the medical clinic. Plaintiff states that an unnamed doctor felt the two lumps but
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could not identify them. The doctor prescribed Tylenol for pain and recommended that plaintiff
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be seen by an outside doctor. According to plaintiff, when he told the doctor that he could not
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take Tylenol due to a Hepatitis C diagnosis, the doctor responded: “That’s not my problem. It’s
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all I’ll give you. Take them or don’t.”
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Plaintiff claims that, after another five days, he was seen at the medical clinic by
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Dr. Schaefer, who thought the lumps were the result of a bacterial infection and prescribed
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antibiotics. When plaintiff explained that the lumps were chronic, the doctor prescribed aspirin
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for pain, despite plaintiff explaining that his Hepatis C precluded aspirin or Tylenol due to
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potential liver damage. According to plaintiff, Dr. Schaefer told him that his “viroload would
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allow plaintiff to tolerate any pain.” Plaintiff alleges that he suffered “yet another episode” two
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days later and was seen at the clinic on an emergency basis. Plaintiff claims that the pain in his
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leg was so severe that he could not put any pressure on it. Plaintiff states that he was seen by Dr.
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Schaefer who again prescribed Tylenol. Plaintiff next alleges that, after ten days, Dr. Schaefer
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“realized the lumps were not a bacterial infection and recommended plaintiff be seen by an
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outside doctor, and a biopsy was done on the lumps.” According to plaintiff, a biopsy performed
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in April 2013 revealed “follicular cancer.”
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Next, plaintiff claims that, five weeks prior to scheduled surgery to remove the
lumps, he was transferred to Corcoran State Prison. At Corcoran, plaintiff was seen by Drs.
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Convalecer and Moon who, according to plaintiff, “failed to treat plaintiff.” Despite this latter
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claim, plaintiff states that Dr. Convalecer prescribed morphine for pain. According to plaintiff,
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when he later informed Dr. Convalecer that, despite his prescription for morphine, he was being
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provided Tylenol, the doctor “did nothing and left plaintiff experiencing severe pain.”
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In November 2013 plaintiff was transferred to CSP-Sacramento where plaintiff
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was seen by Dr. Ma, who informed plaintiff that he would been seen by specialists to address the
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cancer and Hepatitis C. Plaintiff adds that he “was even put up for Hepatitis treatment.”
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According to plaintiff, Drs. Ma and Nguyen recommended Hepatitis C treatment first, while Dr.
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Gill recommended cancer treatment first. Plaintiff alleges, however, that ultimately the
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“Institution Medication Management Committee” would not approve treatment for either
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condition, “leaving plaintiff’s conditions untreated and deteriorating.”
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The court finds that plaintiff fails to state a claim as against Drs. Schaefer,
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Convalecer, Moon, Ma, Nguyen, or Gill. As plaintiff’s own allegations acknowledge, these
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defendants provided plaintiff with treatment and/or medication. Plaintiff’s disagreement with the
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course of treatment does not state a constitutional claim. See Jackson v. McIntosh, 90 F.3d 330,
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332 (9th Cir. 1996).
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The complaint otherwise appears to state a cognizable claim for relief pursuant to
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42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) as against defendant Peters. If the allegations are
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proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. The court,
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therefore, finds that service is appropriate on defendant Peters. Because the alleged civil rights
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violations by Peters took place at Kern Valley State Prison, which is within the boundaries of the
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Fresno division of the United States District Court for the Eastern District of California, the
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matter will be transferred to that court for all further proceedings. See Local Rule 120(b).
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Accordingly, IT IS HEREBY ORDERED that:
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Defendants Schaefer, Convalecer, Moon, Ma, Nguyen, and Gill are
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Service is appropriate on defendant Peters; and
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This action is transferred to the United States District Court for the Eastern
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dismissed;
District of California sitting in Fresno.
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DATED: January 12, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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