Taylor v. Arnold

Filing 25

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/19/18 ORDERING plaintiff is granted 30 days to file an amended complaint. The clerk of the court is directed to send plaintiff the court's form for filing a prisoner civil rights action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEE TAYLOR,

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Plaintiff,

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No. 2:17-cv-2014 KJM CKD P

v.

ORDER

ERIC ARNOLD, et al.,

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Defendants.

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Plaintiff, a California prisoner proceeding in forma pauperis and pro se, seeks relief

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pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302

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pursuant to 28 U.S.C. § 636(b)(1) and plaintiff has consented to have all matters in this action

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before a United States Magistrate Judge. See 28 U.S.C. § 636(c).

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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.

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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th

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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an

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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,

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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully

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pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th

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Cir. 1989); Franklin, 745 F.2d at 1227.

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In order to avoid dismissal for failure to state a claim a complaint must contain more than

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“naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause

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of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words,

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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Furthermore, a claim

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upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A

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claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw

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the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S.

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at 678. When considering whether a complaint states a claim upon which relief can be granted,

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the court must accept the allegations as true, Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007),

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and construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416

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U.S. 232, 236 (1974).

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The court has conducted the required screening and finds that plaintiff may proceed

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against defendant Dr. Win for cessation of pain medication in 2016, and then again at some point

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after May of 2017, in violation of the Eighth Amendment. In all other instances, plaintiff’s

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complaint fails to state a claim upon which relief can be granted as the allegations are too vague.

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At this point, plaintiff has two options; he may proceed on the claim described above, or

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he can attempt to cure some or all of the deficiencies in his complaint by submitting an amended

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complaint. Plaintiff will be granted 30 days within which to submit an amended complaint. If

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plaintiff does not submit an amended complaint within 30 days, this action will proceed on the

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claim described above.

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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions

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complained of have resulted in a deprivation of plaintiff’s constitutional rights. See Ellis v.

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Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, in his amended complaint, plaintiff must allege in

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specific terms how each named defendant is involved. There can be no liability under 42 U.S.C.

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§ 1983 unless there is some affirmative link or connection between a defendant’s actions and the

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claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory

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allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of

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Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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In terms of medical care, denial or delay of medical care may constitute a violation of the

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prisoner’s Eighth Amendment right to be free from cruel and unusual punishment. Estelle v.

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Gamble, 429 U.S. 97, 104-05 (1976). An individual is liable under the Eighth Amendment when

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they cause injury as a result of at least deliberate indifference to a prisoner’s serious medical

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needs. Id. A showing of merely negligent medical care is not enough to establish a constitutional

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violation. Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998). A difference of opinion about

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the proper course of treatment is not deliberate indifference, nor does a dispute between a

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prisoner and prison officials over the necessity for or extent of medical treatment amount to a

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constitutional violation. See, e.g., Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004). Mere

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delay of medical treatment, “without more, is insufficient to state a claim of deliberate medical

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indifference.” Shapley v. Nev. Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985).

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Where a prisoner alleges that delay of medical treatment evinces deliberate indifference, the

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prisoner must show that the delay caused “significant harm and that Defendants should have

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known this to be the case.” Hallett v. Morgan, 296 F.3d 732, 745-46 (9th Cir. 2002).

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Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to

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make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended

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complaint be complete in itself without reference to any prior pleading. This is because, as a

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general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375

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F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no

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longer serves any function in the case. Therefore, in an amended complaint, as in an original

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complaint, each claim and the involvement of each defendant must be sufficiently alleged.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days to file an amended complaint. The amended complaint

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must bear the docket number assigned this case and must be labeled “Amended Complaint.”

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2. The Clerk of the Court is directed to send plaintiff the court’s form for filing a prisoner
civil rights action.
3. If plaintiff does not submit an amended complaint within 30 days, the court will

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recommend that this action proceed on the claim described above against defendant Dr. Win for

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denial of medical care in violation of the Eighth Amendment. The court will also recommend

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that all other claims and defendants be dismissed.

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Dated: April 19, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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