Rives v. Matevousian et al
Filing
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ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND for Failure to State a Claim signed by Magistrate Judge Stanley A. Boone on 5/17/2017. First Amended Complaint due within thirty (30) days. (Attachments: # 1 Amended Complaint Form). (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SHAWN LEE RIVES,
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Plaintiff,
v.
MATEVOUSIAN, et al.,
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Defendants.
1:17-cv-00347-SAB (PC)
ORDER DISMISSING COMPLAINT WITH
LEAVE TO AMEND FOR FAILURE TO
STATE A CLAIM
(ECF No. 1)
THIRTY DAY DEADLINE
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Plaintiff Shawn Lee Rives is a federal prisoner proceeding pro se and informa pauperis in
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this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971).
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Currently before the Court is Plaintiff’s complaint, filed March 9, 2017.
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I.
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SCREENING
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally
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“frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that
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“seek[] monetary relief against a defendant who is immune from such relief.” 28 U.S.C. §
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1915(e)(2)(B).
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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 (2009) (citing Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Moreover, Plaintiff must demonstrate
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that each defendant personally participated in the deprivation of Plaintiff’s rights. Jones v.
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Williams, 297 F.3d 930, 934 (9th Cir. 2002).
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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. Wilhelm v. Rotman, 680 F.3d
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1113, 1121 (9th Cir. 2012) (citations omitted). To survive screening, Plaintiff’s claims must be
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facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer
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that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss
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v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The “sheer possibility that a defendant
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has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with’ a defendant’s
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liability” falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d
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at 969.
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II.
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COMPLAINT ALLEGATIONS
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Plaintiff is a federal prisoner and is currently housed at the Coleman I Penitentiary. Prior
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to be taken into custody, Plaintiff had been diagnosed with a slipped disk and folliculitis (an
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inflammatory condition which may be disfiguring). (Compl. 3.1) Plaintiff had an MRI about
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October 3, 2002, which confirmed a serious spinal cord injury and suffers from continued back
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pain. (Compl. 3-4.)
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Around February 26, 2017, when Plaintiff was taken into the custody of the United States,
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he was housed at the United States Penitentiary in Atwater. (Compl. 1, 2-3.) Between February
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26, 2017, through March 3, 2017, Plaintiff requested medical treatment more than thirty times.
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(Compl. 3.) Medical staff has consistently refused to provide Plaintiff with proper medical care.
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(Compl. 3.) The warden has refused to instruct medical staff to provide Plaintiff with proper
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medical care and all Federal Bureau of Prison (“FBOP”) personnel have refused to ensure that
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All references to pagination of specific documents pertain to those as indicated on the upper right corners via the
CM/ECF electronic court docketing system.
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Plaintiff receives proper medical care. (Compl. 3.) FBOP personnel have consistently refused to
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obtain Plaintiff’s prior medical records which include the 2002 MRI. (Compl. 4.) Plaintiff is
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required to walk unaided on concrete to and from the dining hall, school, etc. resulting in pain.
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(Compl. 4.)
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Plaintiff brings this action against Warden Matevousian, Dr. Moore, unidentified FBOP
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staff and unidentified USP Atwater staff alleging violation of the Eighth Amendment. (Compl. 5-
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6.) Plaintiff is seeking a declaration that his rights have been violated, permanent injunctive
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relief, and monetary damages. (Compl. 6.)
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For the reasons discussed below, Plaintiff has failed to allege any cognizable claims for
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relief. Plaintiff shall be provided with the legal standards that apply to his claim and will be
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granted an opportunity to file an amended complaint to cure the deficiencies in his complaint.
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III.
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DISCUSSION
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A.
Defendant Liability
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Plaintiff is a prisoner in federal custody and is seeking relief pursuant to Bivens which
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recognized a private action where federal officers are alleged to have violated the constitutional
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rights of citizens. Correctional Services Corporation v. Malesko, 534 U.S. 61, 66 (2001). A
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Bivens action will not lie against the United States, agencies of the United States, or federal
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agents in their official capacity. See FDIC v. Meyer, 510 U.S. 471, 486 (1994).
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Additionally, although sovereign immunity does not bar damages actions against federal
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officials in their individual capacities, an individual may not be held liable in a Bivens action on
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the theory respondeat superior. Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (citations
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omitted). To state a claim, Plaintiff must demonstrate that each defendant personally participated
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in the deprivation of his rights. Jones, 297 F.3d at 934. In other words, to state a claim for relief,
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Plaintiff must link each named defendant with some affirmative act or omission that demonstrates
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a violation of Plaintiff’s federal rights.
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Plaintiff has failed to include any factual allegations from which the Court could
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reasonably infer that any named defendant violated his federal rights. Iqbal, 556 U.S. at 678-79.
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While the court is to accept all “well pleaded factual allegations” in the complaint as true, id. at
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679, it is not bound to accept as true labels, conclusions, formulaic recitations of the elements of a
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cause of action or legal conclusions couched as factual allegations, Twombly, 550 U.S. at 555.
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Finally, the conclusory allegations in the complaint are not entitled to the presumption of truth.
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Iqbal, 556 U.S. at 681. For these reasons, Plaintiff has failed to state a cognizable for relief.
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B.
Deliberate Indifference to Serious Medical Needs
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Under Bivens, a plaintiff may bring suit against a federal employee alleging a violation of
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the Cruel and Unusual Punishment Clause of the Eighth Amendment. Malesko, 534 U.S. at 67.
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While the Eighth Amendment of the United States Constitution entitles Plaintiff to medical care,
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the Eighth Amendment is violated only when a prison official acts with deliberate indifference to
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an inmate’s serious medical needs. Snow v. McDaniel, 681 F.3d 978, 985 (9th Cir. 2012),
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overruled in part on other grounds, Peralta v. Dillard, 744 F.3d 1076, 1082-83 (9th Cir. 2014);
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Wilhelm, 680 F.3d at 1113; Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006).
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To state a claim, a plaintiff “must show (1) a serious medical need by demonstrating that
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failure to treat [his] condition could result in further significant injury or the unnecessary and
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wanton infliction of pain,” and (2) that “the defendant’s response to the need was deliberately
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indifferent.” Wilhelm, 680 F.3d at 1122 (citing Jett, 439 F.3d at 1096). “Deliberate indifference
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is a high legal standard.” Simmons v. Navajo County, Arizona, 609 F.3d 1011, 1019 (9th Cir.
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2010); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). The requisite state of mind is one
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of subjective recklessness, which entails more than ordinary lack of due care. Snow, 681 F.3d at
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985 (citation and quotation marks omitted); Wilhelm, 680 F.3d at 1122. The prison official must
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be aware of facts from which he could make an inference that “a substantial risk of serious harm
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exists” and he must make the inference. Farmer v. Brennan, 511 U.S. 825, 837 (1994).
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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, 681 F.3d at 987 (citing Sanchez v. Vild, 891 F.2d 240, 242 (9th
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Cir. 1989), overruled in part on other grounds, Peralta, 744 F.3d at 1082-83; Wilhelm, 680 F.3d at
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1122-23 (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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To state a claim under the Eighth Amendment, Plaintiff needs to set forth the factual
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allegations against each named defendant sufficient for the Court to infer that the named
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defendant was aware of Plaintiff’s serious medical need and failed to adequately respond.
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Simmons, 609 F.3d at 1018.
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allegations against the named defendants. Here, Plaintiff’s complaint is largely composed of
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vague, conclusory allegations and “[t]hreadbare recitals of the elements of a cause of action” that
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do not suffice to state a cognizable claim. Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at
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555).
While a complaint should be brief, it must contain factual
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C.
Joinder
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A basic lawsuit is a single claim against a single defendant. Federal Rule of Civil
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Procedure 18(a) allows a plaintiff to add multiple claims to the lawsuit when they are against the
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same defendant. Federal Rule of Civil Procedure 20(a)(2) allows a plaintiff to join multiple
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defendants to a lawsuit where the right to relief arises out of the same “transaction, occurrence, or
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series of transactions” and “any question of law or fact common to all defendants will arise in the
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action.” However, unrelated claims that involve different defendants must be brought in separate
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lawsuits. See George, 507 F.3d at 607. This rule is not only intended to avoid confusion that
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arises out of bloated lawsuits, but also to ensure that prisoners pay the required filing fees for
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their lawsuits and prevent prisoners from circumventing the three strikes rule under the Prison
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Litigation Reform Act. 28 U.S.C. § 1915(g).
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The Court advises Plaintiff that if he chooses to amend his complaint each claim that is
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raised in his amended complaint must be permitted by either Rule 18 or Rule 20. Plaintiff may
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state a single claim against a single defendant. Plaintiff may then add any additional claims to his
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action that are against the same defendant under Rule 18. Fed. R. Civ. P. 18. Plaintiff may also
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add any additional claims against other defendants if those claims arise from the same transaction,
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occurrence, or series of transactions as his original claim. Fed. R. Civ. P. 20(a)(2). Any attempt
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to join claims that are not permitted by the Federal Rules of Civil Procedure will result in those
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claims being dismissed as improperly joined.
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D.
Equitable Relief
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1.
Declaratory Judgment
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“A declaratory judgment, like other forms of equitable relief, should be granted only as a
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matter of judicial discretion, exercised in the public interest.”
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Lakewood Village, 333 U.S. 426, 431 (1948). “Declaratory relief should be denied when it will
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neither serve a useful purpose in clarifying and settling the legal relations in issue nor terminate
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the proceedings and afford relief from the uncertainty and controversy faced by the parties.”
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United States v. Washington, 759 F.2d 1353, 1357 (9th Cir. 1985). In the event that this action
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reaches trial and the jury returns a verdict in favor of Plaintiff, that verdict will be a finding that
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Plaintiff’s constitutional rights were violated. Accordingly, a declaration that any defendant
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violated Plaintiff’s rights is unnecessary in this action.
Eccles v. Peoples Bank of
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2.
Injunctive Relief
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Plaintiff seeks a permanent injunction requiring the defendants to cease denying him
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proper medical treatment. Requests for prospective relief are further limited by 18 U.S.C. §
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3626(a)(1)(A) of the Prison Litigation Reform Act, which requires that the Court find the “relief
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[sought] is narrowly drawn, extends no further than necessary to correct the violation of the
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Federal right, and is the least intrusive means necessary to correct the violation of the Federal
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right.” To the extent that Plaintiff would be able to receive a permanent injunction if he were to
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prevail on the merits of his claim, Plaintiff’s general request for proper medical care is overly
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broad and does not comport with the requirements of section 3626.
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IV.
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CONCLUSION AND ORDER
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For the reasons stated, Plaintiff’s complaint fails to state a claim upon which relief may be
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granted. Plaintiff is granted leave to file an amended complaint within thirty (30) days. Noll v.
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Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff may not change the nature of this suit
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by adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 607
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(7th Cir. 2007) (no “buckshot” complaints).
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Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what
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each named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal
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rights. Iqbal, 556 U.S. 662, 678. “The inquiry into causation must be individualized and focus on
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the duties and responsibilities of each individual defendant whose acts or omissions are alleged to
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have caused a constitutional deprivation.” Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988).
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Although accepted as true, the “[f]actual allegations must be [sufficient] to raise a right to relief
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above the speculative level . . .” Twombly, 550 U.S. at 555 (citations omitted).
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Finally, an amended complaint supersedes the original complaint, Forsyth v. Humana,
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Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and
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must be “complete in itself without reference to the prior or superseded pleading,” Local Rule
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220. “All causes of action alleged in an original complaint which are not alleged in an amended
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complaint are waived.” King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d
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811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474.
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
The Clerk’s Office shall send Plaintiff an amended civil rights complaint form;
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2.
Plaintiff’s complaint, filed March 9, 2017, is dismissed for failure to state a claim;
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Within thirty (30) days from the date of service of this order, Plaintiff shall file an
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amended complaint; and
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4.
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If Plaintiff fails to file an amended complaint in compliance with this order, this
action will be dismissed for failure to state a claim.
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IT IS SO ORDERED.
Dated:
May 17, 2017
UNITED STATES MAGISTRATE JUDGE
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