(PC) Ribot v. Smith, et al.
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 10/4/2019 DIRECTING plaintiff to file a first amended complaint within 30 days of the date of service of this order. (York, 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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HUGO RIBOT,
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No. 2:19-CV-1361-DMC-P
Plaintiff,
v.
ORDER
CHRISTOPHER SMITH, et al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s complaint (ECF No. 1).
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). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or
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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief
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from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), (2). Moreover,
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the Federal Rules of Civil Procedure require that complaints contain a “. . . short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This
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means that claims must be stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d
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1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the
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complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon which it
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rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must allege
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with at least some degree of particularity overt acts by specific defendants which support the
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claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is
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impossible for the court to conduct the screening required by law when the allegations are vague
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and conclusory.
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I. PLAINTIFF’S ALLEGATIONS
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Plaintiff Hugo Ribot names the following as defendants: Christopher Smith, W.
Vaughn, James Chau, Kabir Matharn, Jalal Soltanian, Robert Rudas, Stephen Tseng, Dr. Kirsch,
and Gregory C. Tesluk.
Plaintiff is a prisoner at Mule Creek State Prison (MCSP) located in Ione,
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California. Plaintiff alleges that on October 30, 2017, his physician, Dr. Gregory C. Tesluk,
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notified Dr. Christopher Smith, Chief Medical Officer for MSCP, that Plaintiff was suffering
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from serious cases of glaucoma and macular edema in his left eye. According to plaintiff, the
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severity of these conditions was immediately communicated to both Smith and the MCSP
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medical staff. Tesluk promptly requested an opportunity to see plaintiff but was not granted
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permission to see plaintiff until years later.
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As a result of the above occurrences, plaintiff claims to have suffered physical
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pain and the loss of his vision. Plaintiff alleges that the conduct of the defendants amounts to
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deprivation of his 8th Amendment rights.
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II. DISCUSSION
The Court finds service as to defendant Christopher Smith appropriate. The
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complaint adequately states facts to allege an 8th Amendment claim against Smith, based on
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allegations of deliberate indifference in his role as the prison’s Chief Medical Officer.
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The Court, however, finds allegations against defendants W. Vaughn, James Chau,
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Kabir Matharn, Jalal Soltanian, Robert Rudas, Stephen Tseng, Dr. Kirsch, and Gregory C. Tesluk
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insufficient for lack of facts linking their conduct to the deprivation of plaintiff’s rights.
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To state a claim under 42 U.S.C. § 1983, the plaintiff must allege an actual
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connection or link between the actions of the named defendants and the alleged deprivations. See
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Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). “A
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person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of
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§ 1983, if he does an affirmative act, participates in another's affirmative acts, or omits to perform
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an act which he is legally required to do that causes the deprivation of which complaint is made.”
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Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Vague and conclusory allegations
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concerning the involvement of official personnel in civil rights violations are not sufficient. See
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Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). Rather, the plaintiff must set forth
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specific facts as to each individual defendant’s causal role in the alleged constitutional
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deprivation. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988).
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As to defendants W. Vaughn, James Chau, Kabir Matharn, Jalal Soltanian, Robert
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Rudas, Stephen Tseng, and Dr. Kirsch, plaintiff has failed to articulate any actual connection
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between their conduct and the alleged deprivation of his rights. Beyond identifying these
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defendants as health care professionals within the prison, plaintiff has completely omitted these
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parties from his complaint. There is no reference to any of these named parties in the plaintiff’s
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factual allegations and the complaint is silent as to their association with his claims.
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As to defendant Gregory C. Tesluk, Plaintiff has similarly failed to allege a link
between the defendant’s actions and the alleged deprivations.
Deliberate indifference to a prisoner’s serious illness or injury, or risks of serious
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injury or illness, gives rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at 105;
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see also Farmer, 511 U.S. at 837. The complete denial of medical attention may constitute
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deliberate indifference. See Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir. 1986). Delay
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in providing medical treatment, or interference with medical treatment, may also constitute
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deliberate indifference. See Lopez, 203 F.3d at 1131. Where delay is alleged, however, the
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prisoner must also demonstrate that the delay led to further injury. See McGuckin, 974 F.2d at
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1060. Negligence in diagnosing or treating a medical condition does not, however, give rise to a
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claim under the Eighth Amendment. See Estelle, 429 U.S. at 106.
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Plaintiff’s 8th Amendment claim alleges deliberate indifference on the part of the
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medical personnel charged with his care. However, plaintiff has not stated facts which allege
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deliberate indifference on the part of Tesluk. No facts in plaintiff’s complaint attempt to suggest
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that Tesluk delayed, denied, or otherwise failed to provide medical treatment in anyway. Unlike
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his claim against defendant Christopher Smith, Plaintiff has failed to state facts which propose
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that Tesluk’s medical services were inadequate and thus deprived him of his rights.
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III. CONCLUSION
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Because it is possible that the deficiencies identified in this order may be cured by
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amending the complaint, plaintiff is entitled to leave to amend. See Lopez v. Smith, 203 F.3d
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1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff is informed that, as a general rule, an
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amended complaint supersedes the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258,
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1262 (9th Cir. 1992). Therefore, if plaintiff amends the complaint, the court cannot refer to the
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prior pleading in order to make plaintiff's amended complaint complete. See Local Rule 220. An
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amended complaint must be complete in itself without reference to any prior pleading. See id.
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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the
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conditions complained of have resulted in a deprivation of plaintiff’s constitutional rights. See
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Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms how
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each named defendant is involved, and must set forth some affirmative link or connection
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between each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d
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164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
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Because the complaint appears to otherwise state cognizable claims, if no amended
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complaint is filed within the time allowed therefor, the court will issue findings and
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recommendations that the claims identified herein as defective be dismissed, as well as such
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further orders as are necessary for service of process as to the cognizable claims.
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Accordingly, IT IS HEREBY ORDERED that plaintiff may file a first amended
complaint within 30 days of the date of service of this order.
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Dated: October 4, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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