Geils v. Rasheed et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss 1 Action, with Prejudice, for Failure to Obey Court Orders and Failure to Prosecute signed by Magistrate Judge Barbara A. McAuliffe on 2/9/2018. Referred to Judge Anthony W. Ishii. Objections to F&R due within Fourteen (14) Days. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDREW GEILS,
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Plaintiff,
v.
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FINDINGS AND RECOMMENDATIONS TO
DISMISS ACTION, WITH PREJUDICE, FOR
FAILURE TO OBEY COURT ORDERS AND
FAILURE TO PROSECUTE
KARIM RASHEED, et al.,
(ECF No. 8)
Defendants.
FOURTEEN (14) DAY DEADLINE
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Case No.: 1:17-cv-00287-AWI-BAM (PC)
Plaintiff Andrew Geils is a state prisoner proceeding pro se and in forma pauperis in this
civil action pursuant to 42 U.S.C. § 1983.
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On December 22, 2017, the Court screened Plaintiff’s complaint, found that he had failed
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to state any cognizable claim, and granted him leave to amend within thirty (30) days. (ECF No.
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8.) The Court expressly warned Plaintiff that the failure to comply with that order would result in
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this action being dismissed for the failure to obey a court order and the failure to state a claim
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upon which relief may be granted. (Id. at 7.)
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The deadline for Plaintiff to file an amended complaint has passed, and he has not
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complied with the Court’s order. Accordingly, the Court recommends dismissal of Plaintiff’s
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complaint, for the reasons explained below.
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I.
Failure to State a Claim
A. Screening Requirement
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §
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1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or
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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary
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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C.
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§ 1915(e)(2)(B)(ii).
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A complaint must contain “a short and plain statement of the claim showing that the
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pleader is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937,
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1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 1964-65
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(2007)). While a plaintiff’s allegations are taken as true, courts “are not required to indulge
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unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)
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(internal quotation marks and citation omitted).
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Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings
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liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338,
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342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be facially
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plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each
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named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678, 129 S. Ct. at 1949
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(quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.
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2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere
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consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678,
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129 S. Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
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B. Summary of Complaint Allegations
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Plaintiff is currently housed at the California Substance Abuse Treatment Facility
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(“CSATF”) in Corcoran, California. The events in the complaint are alleged to have occurred
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while Plaintiff was housed at Avenal State Prison, Valley State Prison and CSATF. Plaintiff
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names the following defendants: (1) Karim Rasheed, M.D., O.D. at CSATF; (2) Ning Lin, M.D.,
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O.D at VSP; (3) Dr. Boyer, Optometrist at ASP; and (4) Dr. Wong, Optometrist at CSATF.
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Plaintiff alleges the following:
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Dr. Boyer-Optometrist-Avenal State Prison prescribed a pair of transition glasses
for me on 4-27-15 because of my photophobia. Dr. Ning Lin-OD, MD-at Valley
State Prison prescribed a pair of transition glasses for me on 3-8-16 because of my
photophobia. Dr. Karim Rasheed-ophthalmologist, SATF-Corcoran State Prison
denied to prescribed [sic] me transition glasses on 9-8-16 because he said I did not
have the condition of photophobia. Dr. Wong-optometrist-at SATF-Corcoran
State Prison denied to prescribe me transition glasses on 10-6-16 because he said I
did not have the condition of photophobia.
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(ECF No. 1 at p. 3.) Plaintiff further alleges that he suffers from constant headaches because of
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extreme light sensitivity, blindness/distorted vision. (Id.) Plaintiff forwards claims for violation of
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the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and seeks
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injunctive relief solely in the form of his transitional glasses. (Id. at p. 4.)
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C. Discussion
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1. Section 1983 Linkage Requirement
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The Civil Rights Act under which this action was filed provides:
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Every person who, under color of [state law] … subjects, or causes to be subjected,
any citizen of the United States … to the deprivation of any rights, privileges, or
immunities secured by the Constitution … shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress.
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42 U.S.C. §1983. The statute plainly requires that there be an actual connection or link between
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the actions of the defendants and the deprivation alleged to have been suffered by Plaintiff. See
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Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 98 S. Ct. 2018, 56 L.Ed.2d 611 (1978); Rizzo v.
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Goode, 423 U.S. 362, 96 S.Ct. 598, 46 L.Ed.2d 561 (1976). The Ninth Circuit has held that “[a]
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person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of
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section 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to
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perform an act which he is legally required to do that causes the deprivation of which complaint is
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made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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Plaintiff has failed to link Defendants Boyer and Lin to any asserted constitutional
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violation. According to his complaint, both Defendant Boyer and Defendant Lin prescribed him
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the requested transitional glasses, and there are no factual allegations suggesting that either of
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these defendants deprived him of any rights.
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2. Fifth Amendment and Fourteenth Amendments
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Although not entirely clear, it appears that Plaintiff is attempting to assert a due process
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claim by invoking both the Fourteenth and Fifth Amendments to the United States Constitution.
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However, Plaintiff’s purported due process claim is secured by the Fourteenth Amendment, not
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the Fifth Amendment. Castillo v. McFadden, 399 F.3d 993, 1002 n. 5 (9th Cir. 2005) (“The Fifth
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Amendment prohibits the federal government from depriving persons of due process, while the
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Fourteenth Amendment explicitly prohibits deprivations without due process by the several
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States.”); Consejo de Desarrollo Economico de Mexicali, A.C. v. United States, 482 F.3d 1157,
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1170 n. 4 (9th Cir.2007) (Fifth Amendment’s Due Process Clause subjects the federal
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government to constitutional limitations that are equivalent of those imposed on the states by the
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Equal Protection Clause of the Fourteenth Amendment) (citations and quotations omitted).
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Accordingly, Plaintiff cannot state a cognizable Fifth Amendment claim.
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To the extent Plaintiff is attempting to pursue a claim for violation of the Fourteenth
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Amendment, his allegations provide no indication that he suffered a due process or equal
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protection violation. In fact, the allegations in Plaintiff’s complaint are insufficient for the Court
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to determine the nature of any Fourteenth Amendment claim.
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3. Sixth Amendment
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Plaintiff also asserts a violation of the Sixth Amendment.
However, the Sixth
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Amendment only guarantees an accused certain rights related to a criminal prosecution. U.S.
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Const. Amend. VI; see Wilson v. Beard, No. 2:15-CV-01481-AC P, 2017 WL 1650631, at *3
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(E.D. Cal. May 2, 2017) (Sixth Amendment inapplicable to prisoner suits based on conditions of
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confinement). Plaintiff’s allegations concerning his transitional glasses do not implicate the Sixth
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Amendment.
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4. Eighth Amendment – Deliberate Indifference
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Although Plaintiff’s complaint does not refer to the Eighth Amendment, his allegations
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implicate a claim for deliberate indifference to serious medical needs. A prisoner’s claim of
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inadequate medical care does not constitute cruel and unusual punishment in violation of the
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Eighth Amendment unless the mistreatment rises to the level of “deliberate indifference to serious
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medical needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble,
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429 U.S. 97, 104 (1976)). The two part test for deliberate indifference requires Plaintiff to show
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(1) “a ‘serious medical need’ by demonstrating that failure to treat a prisoner’s condition could
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result in further significant injury or the ‘unnecessary and wanton infliction of pain,’ ” and (2)
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“the defendant’s response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096.
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A defendant does not act in a deliberately indifferent manner unless the defendant “knows
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of and disregards an excessive risk to inmate health or safety.” Farmer v. Brennan, 511 U.S. 825,
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837 (1994). “Deliberate indifference is a high legal standard,” Simmons v. Navajo Cty. Ariz., 609
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F.3d 1011, 1019 (9th Cir. 2010); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004), and is
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shown where there was “a purposeful act or failure to respond to a prisoner’s pain or possible
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medical need” and the indifference caused harm. Jett, 439 F.3d at 1096.
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In applying this standard, the Ninth Circuit has held that before it can be said that a
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prisoner's civil rights have been abridged, “the indifference to his medical needs must be
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substantial. Mere ‘indifference,’ ‘negligence,’ or ‘medical malpractice’ will not support this cause
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of action.” Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980) (citing Estelle,
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429 U.S. at 105–106). “[A] complaint that a physician has been negligent in diagnosing or
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treating a medical condition does not state a valid claim of medical mistreatment under the Eighth
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Amendment. Medical malpractice does not become a constitutional violation merely because the
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victim is a prisoner.” Estelle, 429 U.S. at 106; see also Anderson v. County of Kern, 45 F.3d
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1310, 1316 (9th Cir. 1995). Even gross negligence is insufficient to establish deliberate
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indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir.
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1990).
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Further, a “difference of opinion between a physician and the prisoner—or between
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medical professionals—concerning what medical care is appropriate does not amount to
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deliberate indifference.” Snow v. McDaniel, 681 F.3d 978, 987 (9th Cir. 2012) (citing Sanchez v.
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Vild, 891 F.2d 240, 242 (9th Cir. 1989)), overruled in part on other grounds, Peralta v. Dillard,
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744 F.3d 1076, 1082–83 (9th Cir. 2014); Wilhelm v. Rotman, 680 F.3d 1113, 1122–23 (9th Cir.
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2012) (citing Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986)). Rather, Plaintiff “must
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show that the course of treatment the doctors chose was medically unacceptable under the
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circumstances and that the defendants chose this course in conscious disregard of an excessive
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risk to [his] health.” Snow, 681 F.3d at 988 (citing Jackson, 90 F.3d at 332) (internal quotation
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marks omitted).
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As currently pled, Plaintiff’s allegations suggest either negligence in diagnosing or
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treating his photophobia by Defendants Rasheed and Wong, or a mere difference of opinion
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regarding the appropriate course of medical treatment for Plaintiff’s condition. Neither of these
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of is sufficient to state a cognizable claim for deliberate indifference to serious medical needs in
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violation of the Eighth Amendment.
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II.
Failure to Prosecute and Failure to Obey a Court Order
A. Legal Standards
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Local Rule 110 provides that “[f]ailure . . . of a party to comply with these Rules or with
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any order of the Court may be grounds for imposition by the Court of any and all sanctions . . .
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within the inherent power of the Court.” District courts have the inherent power to control their
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dockets and “[i]n the exercise of that power they may impose sanctions including, where
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appropriate, . . . dismissal.” Thompson v. Hous. Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court
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may dismiss an action, with prejudice, based on a party’s failure to prosecute an action, failure to
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obey a court order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52,
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53–54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d
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1258, 1260–61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring
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amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130–33 (9th Cir. 1987)
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(dismissal for failure to comply with court order).
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In determining whether to dismiss an action, the Court must consider several factors:
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(1) the public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of
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cases on their merits; and (5) the availability of less drastic sanctions. Henderson v. Duncan, 779
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F.2d 1421, 1423 (9th Cir. 1986); Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988).
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B. Discussion
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Here, Plaintiff’s amended complaint is overdue, and he has not otherwise communicated
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with the Court. The Court cannot effectively manage its docket if Plaintiff ceases litigating his
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case. Thus, the Court finds that both the first and second factors weigh in favor of dismissal.
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The third factor, risk of prejudice to defendant, also weighs in favor of dismissal, since a
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presumption of injury arises from the occurrence of unreasonable delay in prosecuting an action.
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Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor usually weighs against
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dismissal because public policy favors disposition on the merits. Pagtalunan v. Galaza, 291 F.3d
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639, 643 (9th Cir. 2002). However, “this factor lends little support to a party whose responsibility
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it is to move a case toward disposition on the merits but whose conduct impedes progress in that
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direction,” which is the case here. In re Phenylpropanolamine (PPA) Prod. Liab. Litig., 460 F.3d
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1217, 1228 (9th Cir. 2006) (citation omitted).
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Finally, the Court’s warning to a party that failure to obey the court’s order will result in
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dismissal satisfies the “considerations of the alternatives” requirement. Ferdik, 963 F.2d at 1262;
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Malone, 833 at 132–33; Henderson, 779 F.2d at 1424. The Court’s December 22, 2017 order
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expressly warned Plaintiff that his failure to file an amended complaint would result in dismissal
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of this action for failure to obey a court order and the failure to state a claim. (ECF No. 8 at 7.)
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Thus, Plaintiff had adequate warning that dismissal could result from his noncompliance.
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Additionally, at this stage in the proceedings there is little available to the Court that
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would constitute a satisfactory lesser sanction while protecting the Court from further
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unnecessary expenditure of its scarce resources. Plaintiff is proceeding in forma pauperis in this
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action, making monetary sanctions of little use, and the preclusion of evidence or witnesses is
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likely to have no effect given that Plaintiff has ceased litigating his case.
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III.
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For the reasons explained above, the Court HEREBY RECOMMENDS that this action be
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dismissed, with prejudice, for the failure to state a claim, failure to obey a court order, and failure
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to prosecute.
Conclusion and Recommendation
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These Findings and Recommendation will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
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(14) days after being served with these Findings and Recommendation, Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendation.” Plaintiff is advised that failure to file objections within the
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specified time may result in the waiver of the “right to challenge the magistrate’s factual
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findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.
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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
February 9, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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