Williams v. Corizon Medical Provider et al
Filing
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ORDER OF DISMISSAL WITH LEAVE TO AMEND re 1 Complaint filed by Michael A. Williams. Signed by Judge James Donato on 7/29/15. (lrcS, COURT STAFF) (Filed on 7/29/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL A. WILLIAMS,
Case No. 15-cv-01593-JD
Plaintiff,
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v.
ORDER OF DISMISSAL WITH LEAVE
TO AMEND
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CORIZON MEDICAL PROVIDER, et al.,
Defendants.
United States District Court
Northern District of California
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Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983.
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He has been granted leave to proceed in forma pauperis.
DISCUSSION
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I.
STANDARD OF REVIEW
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Federal courts must engage in a preliminary screening of cases in which prisoners seek
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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
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§ 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims
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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek
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monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se
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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th
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Cir. 1990).
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Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the
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claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed
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factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to
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relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a
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cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above
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the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations
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omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its
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face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face”
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standard of Twombly: “While legal conclusions can provide the framework of a complaint, they
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must be supported by factual allegations. When there are well-pleaded factual allegations, a court
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should assume their veracity and then determine whether they plausibly give rise to an entitlement
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to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by
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the Constitution or laws of the United States was violated, and (2) the alleged deprivation was
committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).
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United States District Court
Northern District of California
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II.
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LEGAL CLAIMS
Plaintiff alleges that defendants were deliberately indifferent to his serious medical needs.
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Deliberate indifference to serious medical needs violates the Eighth Amendment’s proscription
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against cruel and unusual punishment. Estelle v. Gamble, 429 U.S. 97, 104 (1976); McGuckin v.
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Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), overruled on other grounds, WMX Technologies, Inc.
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v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc). A determination of “deliberate
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indifference” involves an examination of two elements: the seriousness of the prisoner's medical
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need and the nature of the defendant’s response to that need. Id. at 1059.
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A serious medical need exists if the failure to treat a prisoner's condition could result in
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further significant injury or the “unnecessary and wanton infliction of pain.” Id. The existence of
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an injury that a reasonable doctor or patient would find important and worthy of comment or
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treatment, the presence of a medical condition that significantly affects an individual’s daily
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activities, or the existence of chronic and substantial pain are examples of indications that a
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prisoner has a serious need for medical treatment. Id. at 1059-60.
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A prison official is deliberately indifferent if he or she knows that a prisoner faces a
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substantial risk of serious harm and disregards that risk by failing to take reasonable steps to abate
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it. Farmer v. Brennan, 511 U.S. 825, 837 (1994). The prison official must not only “be aware of
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facts from which the inference could be drawn that a substantial risk of serious harm exists,” but
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also “must also draw the inference.” Id. If a prison official should have been aware of the risk,
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but did not actually know, the official has not violated the Eighth Amendment, no matter how
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severe the risk. Gibson v. County of Washoe, 290 F.3d 1175, 1188 (9th Cir. 2002). “A difference
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of opinion between a prisoner-patient and prison medical authorities regarding treatment does not
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give rise to a § 1983 claim.” Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981). In
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addition “mere delay of surgery, without more, is insufficient to state a claim of deliberate medical
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indifference.... [Prisoner] would have no claim for deliberate medical indifference unless the
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denial was harmful.” Shapely v. Nevada Bd. Of State Prison Comm’rs, 766 F.2d 404, 407 (9th
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Cir. 1985).
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Plaintiff states that he complained to medical staff that he was experiencing nerve damage,
United States District Court
Northern District of California
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headaches, muscle cramps, and muscle spasms. Plaintiff requested an MRI and to see a
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neurologist, but his requests were denied. Plaintiff names as defendants medical staff for Corizon
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Medical Provider in Dublin, CA and SRJ Medical Staff. Corizon appears to be a company that
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provides contract healthcare for the California Prison System. SRJ may refer to Santa Rita Jail in
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Dublin, CA. Plaintiff is currently incarcerated at San Quentin State Prison but it is not clear where
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the events giving rise to this complaint occurred.
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The complaint is dismissed with leave to amend to provide more information regarding
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plaintiff’s medical problems and the defendants. Plaintiff must identify the specific defendants
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and describe how their actions were deliberately indifferent to his serious medical needs. He must
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provide more information regarding his condition and the treatment he received and how it
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violated the Eighth Amendment. He should also indicate where the events occurred.
CONCLUSION
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1.
The complaint is DISMISSED with leave to amend. The amended complaint must
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be filed within twenty-eight (28) days of the date this order is filed and must include the caption
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and civil case number used in this order and the words AMENDED COMPLAINT on the first
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page. Because an amended complaint completely replaces the original complaint, plaintiff must
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include in it all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th
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Cir. 1992). He may not incorporate material from the original complaint by reference. Failure to
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amend within the designated time will result in the dismissal of this action.
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It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the
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Court informed of any change of address by filing a separate paper with the clerk headed “Notice
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of Change of Address,” and must comply with the Court’s orders in a timely fashion. Failure to
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do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of
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Civil Procedure 41(b).
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IT IS SO ORDERED.
Dated: July 29, 2015
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________________________
JAMES DONATO
United States District Judge
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United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL A. WILLIAMS,
Case No. 15-cv-01593-JD
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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CORIZON MEDICAL PROVIDER, et al.,
Defendants.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
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That on July 29, 2015, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Michael A. Williams
Correctional Training Facility
C44000
P.O. Box 690
Soledad, CA 93960-0690
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Dated: July 29, 2015
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Richard W. Wieking
Clerk, United States District Court
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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
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