Marpel v. Saukhla et al

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/2011. Plaintiff's 20 Motion to Amend 1 Complaint is DENIED. Defendants' 21 Motion for Extension of Time w/in which to file Response is GRANTED. They shall file responsive pleading w/in 30 days after filing date of this Order. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MARPEL, Plaintiff, 11 12 vs. 13 No. 2:11-cv-0387 KJN P SAUKHLA, et al., Defendants. 14 ORDER / 15 16 On February 22, 2011, the court found that plaintiff’s complaint states potentially 17 cognizable Eighth Amendment claims against physicians Saukhla and Bick, the latter defendant 18 the Chief Medical Officer at plaintiff’s place of incarceration, the California Medical Facility 19 (“CMF”). Defendants Saukhla and Bick have each appeared in this action by waiving service of 20 process. 21 Presently pending is plaintiff’s subsequently-filed motion to amend his complaint 22 to add defendant Nathaniel K. Elam, CMF’s Chief Executive Officer. (Dkt. No. 20.) Current 23 defendants have filed a motion requesting that the court screen the “amended complaint” and 24 accord defendants thirty days after the court’s screening order within which to file their response 25 to the complaint. (Dkt. No. 21.) 26 Mr. Elam does not appear to be a physician; nor does it appear that he has had any 1 1 direct contact with plaintiff. Plaintiff seeks to sue Elam in his professional and individual 2 capacities based on his allegations that Elam must be “responsible in some manner” for 3 plaintiff’s allegedly inadequate medical care; that Elam “is the person responsible for overseeing 4 the Medical 602 appeal process at CMF;” that Elam “failed to instruct Defendant N. Saukla MD 5 (sic) and J. Bick MD to perform their duties as indicated” by law; that “had Defendant Elam 6 exercised proper care and due diligence in performing his duties this cause would have no 7 standing;” and that “Plaintiff believes that defendant Elam is responsible for contributing to the 8 deprivation of plaintiff’s right to adequate medical care.” (Dkt. No. 20 at 2-3.) 9 These allegations do not state a potentially cognizable constitutional claim against 10 Mr. Elam. “Under Section 1983, supervisory officials are not liable for actions of subordinates 11 on any theory of vicarious liability. A supervisor may be liable [only] if there exists either (1) his 12 or her personal involvement in the constitutional deprivation, or (2) a sufficient causal 13 connection between the supervisor’s wrongful conduct and the constitutional violation.” Hansen 14 v. Black, 885 F.2d 642, 645-646 (9th Cir. 1989) (citations omitted). Vague and conclusory 15 allegations of official participation in civil rights violations are not sufficient to state a claim 16 under Section 1983. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). There can be 17 no liability under Section1983 absent demonstration of some affirmative link between a 18 defendant’s actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362, 371 (1976); 19 May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th 20 Cir. 1978). Pursuant to these authorities, plaintiff’s allegations are insufficient to state a 21 potentially cognizable claim against Mr. Elam. Plaintiff’s motion to amend his complaint must 22 therefore denied. Should plaintiff later obtain additional information sufficient to state a 23 potentially cognizable claim against Elam, consistent with the requirements set forth above, 24 plaintiff may again move to amend the complaint. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s motion to amend his complaint (Dkt. No. 20) is denied without 2 1 prejudice; 2. Defendants' motion for an extension of time (Dkt. No. 21) within which to file 2 3 their response to the operative complaint is granted; and 3. Defendants shall file their response to the complaint within thirty days after the 4 5 filing date of this order. 6 DATED: June 23, 2011 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 10 marp0387.ord 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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