Opinion
Case No. 1:14-cv-00405-AWI-JLT (PC)
03-10-2015
JUAN CARLOS MARTINEZ, Plaintiff, v. BEARD, et al., Defendants.
ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT APPROPRIATE and ORDERING DEFENDANTS FERNANDO, RN; SAGASTA, RN; AND SONGER M.D. TO FILE ANSWERS
(Docs. 31, 32)
60-Day Deadline
Plaintiff, Juan Carlos Martinez, is a state prisoner in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on March 19, 2014. (Doc. 1.)
On November 7, 2014, Defendants filed a request for screening of the Second Amended Complaint. (Doc. 32.) The Court screened the Second Amended Complaint (Doc. 31) pursuant to 28 U.S.C. § 1915A and finds that it states the following cognizable claims for relief under section 1983:
Dismissal of other defendants who were originally named in this action, but who Plaintiff apparently no longer intends to proceed against since not named in the Second Amended Complaint, is being addressed in a concurrently issued findings and recommendations.
(1) against Defendants Pushpini Fernando RN; Bunhom Sagasta, RN; Michael Songer, MD; Deborah Bradford, RN; Jesse A., LVN; and Correctional Officer Butler for deliberate indifference to Plaintiff's serious medical condition in violation of the Eighth Amendment;
(2) against Defendants Deborah Bradford, RN and Does 3 through 10 for promulgating or implementing a constitutionally deficient policy; and
(3) against Defendants Pushpini Fernando, RN; Bunhom Sagasta, RN; Michael Songer, MD; Jesse A., LVN; Correctional Officer Butler; and Does 3 through 10 for negligence under California law.
Fed. R. Civ. P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002); Austin v. Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004); Jackson v. Carey, 353 F.3d 750, 754 (9th Cir. 2003); Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125-26 (9th Cir. 2002).
Accordingly, it is HEREBY ORDERED that:
1. Defendants request for screening of the Second Amended Complaint, filed on ' November 7, 2014 (Doc. 32) is GRANTED;
2. Service is appropriate for Defendants Jesse A. LVN, Correctional Officer Butler, and Deborah Bradford, RN; and
3. Defendants Pushpini Fernando, RN; Bunhom Sagasta, RN; and Michael Songer, MD are directed to file answers to the Second Amended Complaint within 60 days of the date of service of this order. IT IS SO ORDERED.
Dated: March 10 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE