Opinion
Case No. 2:19-cv-01913-SU
02-14-2020
WILLIAM ANDERSON, Plaintiff, v. CORRECT CARE SOLUTIONS, Defendant.
ORDER TO DISMISS
Plaintiff brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's in forma pauperis Application is granted. However, for the reasons set forth below, Plaintiff's Complaint is dismissed for failure to state a claim upon which relief may be granted. See Fed. R. Civ. P. 12(b)(6).
BACKGROUND
Plaintiff alleges that Correct Care Solutions failed to provide him with prescriptions while he was incarcerated within the Umatilla County Jail. He seeks $1,000,000 in damages.
STANDARDS
Dismissal is appropriate if Plaintiff fails to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). Plaintiff's Complaint should not be dismissed for failure to state a claim, however, unless it appears beyond doubt that Plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Terracom v. Valley Nat'l Bank, 49 F.3d 555, 558 (9th Cir. 1995).
Dismissal for failure to state a claim is a ruling on a question of law. Parks School of Business, Inc., v. Symington, 51 F.3d 1480, 1483 (9th Cir. 1995). Review is limited to the contents of the Complaint and its Exhibits. Id at 1484. Allegations of fact in the Complaint must be taken as true and construed in the light most favorable to the non-moving party. Id. From the facts alleged, the court also must draw all reasonable inferences in favor of the Plaintiff. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987). But conclusory allegations, without more, are insufficient to state a claim. McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir. 1988). /// ///
DISCUSSION
"Under res judicata, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Allen v. McCurry, 449 U.S. 90, 93 (1980). "Claim preclusion is a broad doctrine that bars bringing claims that were previously litigated as well as some claims that were never before adjudicated." Clements v. Airport Auth. of Washoe County, 69 F.3d 321, 327 (9th Cir. 1995).
This is at least the third time Plaintiff has tried to litigate the same claims. Plaintiff previously brought suit against Correct Care Solutions in Case No. 2:19-cv-00328-SU, alleging that this Defendant failed to provide him with prescriptions during his incarceration. The Court dismissed that case with prejudice on May 15, 2019.
On May 21, 2019, Plaintiff filed another case against Correct Care Solutions (2:19-cv-00793-SU) wherein he once again placed the failure to provide him with prescriptions at issue. The Court dismissed the action on July 10, 2019 because the claims were precluded. Likewise, Plaintiff's claims in this case are precluded by his litigation history. Accordingly, the Complaint fails to state a cognizable claim.
CONCLUSION
Plaintiff's Application for Leave to Proceed In Forma Pauperis (#1) is granted. However, based on the foregoing, IT IS ORDERED that Plaintiff's Complaint (#2) is DISMISSED with prejudice. Plaintiff's Motion for Appointment of Counsel (#3) is denied.
Additionally, for the reasons set forth above, this court certifies that any appeal from this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A).
IT IS SO ORDERED.
DATED this 14th day of February, 2020.
/s/_________
Michael H. Simon
United States District Judge