Francis v. Klamath County Jail

Filing 4

Order: Application for Leave to Proceed IFP 3 is allowed. Amended complaint due 03/22/2018. Signed on 02/20/2018 by Magistrate Judge Thomas M. Coffin. (jw)(copy of order and 1983 form mailed to plaintiff)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

JERAD FRANCIS,
Plaintiff,

Case No. 1: 18-cv-00259-TC
ORDER

v.
KLAMATH COUNTY JAIL,
SHERIFF OFFICE,
Defendants.

COFFIN, Magistrate Judge:
Plaintiff, appearing prose, files suit under 42 U.S.C. § 1983 and moves to proceed in
forma pauperis. Review of the application reveals that plaintiff is unable to afford the costs of
this action, and this action is allowed to proceed without the payment of costs or fees. However,
plaintiffs complaint requires amendment.
Plaintiff alleges that Klamath County jail personnel were deliberately indifferent to his
medical needs when he experienced chest pain by refusing to record his vital signs, placing him
in a freezing cell, and refusing to provide him with medical care. While plaintiff sufficiently
alleges deliberate indifference to his medical needs, he does not identify who denied him medical
care or indicate when these events occurred. Liability under § 1983 arises only upon a showing
1 -ORDER

of personal participation, and plaintiff must allege that each named defendant, through his or her
own individual actions, violated plaintiffs constitutional rights. Taylor v. List, 880 F.2d 1040,
1045 (9th Cir. 1989). Here, plaintiff names no individual defendants who allegedly violated his
constitutional rights. If plaintiff cannot discover the names of the individuals, he may name
"John Doe" or "Jane Doe" defendants and must indicate when the alleged deprivation occurred.
CONCLUSION

Plaintiffs Application to Proceed In Forma Pauperis (ECF No. 1) is allowed. Within 30
days after receipt of this Order, plaintiff must file an amended complaint curing the deficiencies
noted above.
The Clerk of the Court shall provide plaintiff with a form Prisoner Civil Rights
Complaint. Plaintiffs amended complaint shall include the Case No. 1: l 8-cv-00259-TC.
Plaintiff is advised that the failure to file an amended complaint within 30 days will result in
dismissal of this action without prejudice.
IT IS SO ORDERED.
DATED this

2-0RDER

JD day of February, 2018.