McCray v. Corizon Health Care
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the amended complaint. IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge David D. Noce on 4/13/18. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
REGINALD PATRICK MCCRAY,
IVOR GARLICK, M.D. and
FE FUENTES, M.D.,
No. 4:17-CV-2558 DDN
.MEMORANDUM AND ORDER
This matter is before the Court following plaintiffs submission of his amended
complaint. 1 After reviewing the amended complaint, the Court will order the Clerk to issue
process or cause process to be issued on the amended complaint.
Legal Standard on Initial Review
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court may dismiss a complaint filed in forma
pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief against a defendant who is immune from such relief. An action
is frivolous if "it lacks an arguable basis in either law or in fact." Neitzke v. Williams, 490 U.S.
319, 328 (1989). An action fails to state a claim upon which relief can be granted if it does not
plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 547 (2007).
In an Order dated February 8, 2018, the Court granted plaintiffs motion to proceed in
forma pauperis in this action. See ECF No. 9. The Court ordered plaintiff to amend his
complaint because he had named only Corizon as a defendant, and Corizon is not an entity
subject to suit in this case. Id
Plaintiff has attached the Court's Order dated February 8, 2018 to his amended
complaint, which the Court will construe as a part of the pleading for all purposes. See Fed. R.
Civ. P. lO(c).
In reviewing a prose complaint under§ 1915(e)(2)(B), the Court must give the complaint
the benefit of a liberal construction. Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court
must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly
baseless. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992); Scheuer v. Rhodes, 416 U.S. 232,
Plaintiff brings this action to redress violations of his civil rights, and names Dr. Ivor
Garlick and Dr. Fe Fuentes as defendants. Plaintiff alleged in his original complaint that he
slipped and fell on the ladder of his bunk bed at the St. Louis City Justice Center (the "Justice
Center"), and twisted his knee badly. He complains that his knee is very painful, and he has to
walk with the assistance of a walker. See ECF No. 10-1.
Dr. Fuentes, who practices at the Justice Center, ordered x-rays, which revealed the
injury, and sent plaintiff to St. Louis University Hospital. The doctors at St. Louis University
Hospital told plaintiff he would need surgery, and sent him to a bone specialist. In his amended
complaint, plaintiff alleges Dr. Fuentes has not followed the bone specialist at SLU Hospital's
orders to have an MRI performed on plaintiffs knee. Plaintiff alleges Dr. Fuentes will not
schedule the MRI because her supervisor, Dr. Ivor Garlick, will not approve it because of the
cost of the MRI and subsequent surgery.
For relief, plaintiff seeks payment for his surgery and any unpaid hospital bills. Plaintiff
also seeks $10,000.00 to compensate him for his pain and suffering.
To prevail on his Eighth Amendment claim, plaintiff must show that (1) he suffered from
an objectively serious medical need, and (2) defendants knew of, but deliberately disregarded,
that need. See Schaub v. VonWald, 638 F.3d 905, 914 (8th Cir. 2011). Based on plaintiffs
amended complaint, he has been ordered by the bone specialist at SLU Hospital to have an MRI
prior to surgery on his injured knee. Defendants have refused to send plaintiff for the ordered
MRI, and thus have effectively refused plaintiff his needed surgery.
Liberally construed, plaintiffs amended complaint states a plausible claim for violation
of his Eighth Amendment rights by defendants Dr. Fuentes and Dr. Garlick. The Court will
order the Clerk to issue process or cause process to issue upon the amended complaint.
IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue
upon the amended complaint.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants
shall reply to plaintiffs claims within the time provided by the applicable provisions of Rule
12(a) of the Federal Rules of Civil Procedure.
I 3 f"ctay of April, 2018.
DAVID D. NOCE
UNITED STATES MAGISTRATE JUDGE
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