Townsend v. Prison Medical Provider

Filing 9

ORDER OF DISMISSAL: IT IS ORDERED that plaintiffs complaint is dismissed, without prejudice, for failure to state a claim. Within 30 days of the date of this order, plaintiff may file an amended complaint curing the deficiencies. IT IS FURT HER ORDERED that plaintiff's motions for a temporary restraining order and preliminary injunction (ECF No. 4 ), for appointment of counsel (ECF No. 5 ), and for transport (ECF No. 6 ) are DENIED, with leave to renew upon successful compliance with this order. Signed on 9/16/15 by Judge Garr M. King. (Mailed copy to plaintiff) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
HENRY ALEXANDER TOWNSEND,
Plaintiff,

Case No. 2:15-cv-01726-KI
ORDER OF DISMISSAL

v.
PRISON MEDICAL PROVIDER, ET AL.,
Defendants.
_____________________________________
KING, Judge.
Plaintiff, an inmate at Snake River Correctional Institution, brings this civil rights action
pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis.
However, for the reasons set forth below, plaintiff’s complaint is dismissed.
BACKGROUND
Plaintiff alleges that he was confined in the Intensive Management and Disciplinary
Segregation Units in violation of his First and Eighth Amendment rights. In support of his
constitutional claims, plaintiff alleges generally that "registered nurses, mental health providers,
etc.," were deliberately indifferent to his serious mental/medical needs, failed to protect him from

1 - ORDER OF DISMISSAL

harm, and retaliated against him because he filed a prior civil rights complaint. See Complaint at 5-7.
Additionally, plaintiff alleges that defendants acted negligently. Id. at 8.
STANDARDS
This court must dismiss an action initiated by a prisoner seeking redress from a governmental
entity or officer or employee, if the court determines that the action (i) is frivolous or malicious; (ii)
fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant
who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
In order to state a claim, plaintiff’s complaint must contain sufficient factual matter which,
when accepted as true, gives rise to a plausible inference that defendants violated plaintiff’s
constitutional rights. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 556-57 (2007). “A claim has facial plausibility when the plaintiff pleads factual
content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Iqbal, 556 U.S. at 678; Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir.
2009). Because plaintiff is proceeding pro se, I construe the pleadings liberally and afford the
plaintiff the benefit of any doubt. Erickson v. Pardus, 551 U.S. 89, 94 (2007).
DISCUSSION
Plaintiff's complaint is dismissed on the basis that plaintiff has failed to allege facts giving
rise to a reasonable inference that any named defendant was personally involved in the alleged
constitutional violations. As the Honorable Anna Brown previously advised plaintiff, he must allege
facts giving rise to a reasonable inference that each named defendants was personally involved in
the alleged constitutional violations. Conclusory allegations do not suffice. Townsend v. Sparks,
Case No. 2:15-cv-00135-AC (Order, ECF No. 20) (citing Taylor v. List, 880 F.2d 1040, 1045 (9th
Cir. 1989), and Monell v. New York City Dep't. of Social Serv., 436 U.S. 658, 691-94 (1978)).
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CONCLUSION
Based on the foregoing, IT IS ORDERED that plaintiff’s complaint is dismissed, without
prejudice, for failure to state a claim. Within 30 days of the date of this order, plaintiff may file an
amended complaint curing the deficiencies noted above. Plaintiff's amended complaint shall list the
names of all defendants in its caption. See Fed. R. Civ. P. 10(a). Plaintiff is advised that failure to
file an amended complaint shall result in the dismissal of this proceeding, with prejudice.
IT IS FURTHER ORDERED that plaintiff's motions for a temporary restraining order and
preliminary injunction (ECF No. 4), for appointment of counsel (ECF No. 5), and for transport (ECF
No. 6) are DENIED, with leave to renew upon successful compliance with this order.
IT IS SO ORDERED.
DATED this

16th

day of September, 2015.

/s/ Garr M. King
Garr M. King
United States District Judge

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