(PC) Woody v. Bobbala et al
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/20/2020 RECOMMENDING #13 Amended Complaint be dismissed and this case be closed. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
Case 2:20-cv-01911-JAM-CKD Document 15 Filed 11/20/20 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOHN F. WOODY,
No. 20-cv-1911 JAM CKD P
FINDINGS AND RECOMMENDATIONS
MANJULA BOBBALA, et al.,
Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §
1983. On October 14, 2020, the court screened plaintiff’s complaint as the court is required to do
under 28 U.S.C. § 1915A(a). Plaintiff’s complaint was dismissed with leave to amend. Plaintiff
has now filed an amended complaint which the court now screens.
Under 28 U.S.C. § 1915A(a), the court must dismiss a complaint or portion thereof if a
prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon
which relief may be granted, or that seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915A(b)(1),(2).
In his amended complaint, as in the original, plaintiff complains about medical care he
received for broken bones in his hand. However, also as in the original, plaintiff fails to state a
claim upon which relief can be granted as plaintiff fails to point to facts suggesting he suffered
injury as a result of a defendant’s deliberate indifference to plaintiff’s condition, or intentionally
Case 2:20-cv-01911-JAM-CKD Document 15 Filed 11/20/20 Page 2 of 2
harmful conduct, as opposed to merely negligent conduct. Accordingly, the amended complaint
must be dismissed.
In the court’s October 14, 2020 order, the court provided plaintiff with detailed
information as to how he might state a claim for denial or delay of medical care under the Eighth
Amendment. Despite the information provided, plaintiff still does not state an actionable claim,
nor has plaintiff made any meaningful progress toward doing so. Since granting plaintiff leave to
amend a second time appears futile, the court will recommend that this action be dismissed.
In accordance with the above, IT IS HEREBY RECOMMENDED that:
1. Plaintiff’s amended complaint be dismissed; and
2. This case be closed.
These findings and recommendations are submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after
being served with these findings and recommendations, plaintiff may file written objections with
the court. The document should be captioned “Objections to Magistrate Judge’s Findings and
Recommendations.” Plaintiff is advised that failure to file objections within the specified time
waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
Dated: November 20, 2020
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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