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Csech v. Gedney

United States District Court, D. Nevada

April 3, 2014

ROBERT CSECH, Plaintiff,
v.
KAREN GEDNEY, et al. Defendants.

ORDER

ROBERT C. JONES, District Judge.

This pro se prisoner civil rights action by a state inmate comes before the Court for initial review under 28 U.S.C. § 1915A.

Screening

When a "prisoner seeks redress from a governmental entity or officer or employee of a governmental entity, " the court must "identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(b).

In considering whether the plaintiff has stated a claim upon which relief can be granted, all material factual allegations in the complaint are accepted as true for purposes of initial review and are to be construed in the light most favorable to the plaintiff. See, e.g., Russell v. Landrieu, 621 F.2d 1037, 1039 (9th Cir. 1980). However, mere legal conclusions unsupported by any actual allegations of fact are not assumed to be true in reviewing the complaint. Ashcroft v. Iqbal, 556 U.S. 662, 677-81 & 686-87 (2009). That is, conclusory assertions that constitute merely formulaic recitations of the elements of a cause of action and that are devoid of further factual enhancement are not accepted as true and do not state a claim for relief. Id.

Further, the factual allegations must state a plausible claim for relief, meaning that the well-pleaded facts must permit the court to infer more than the mere possibility of misconduct:

[A] complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." [ Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (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. Id., at 556, 127 S.Ct. 1955. The plausibility standard is not akin to a "probability requirement, " but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ibid. Where a complaint pleads facts that are "merely consistent with" a defendant's liability, it "stops short of the line between possibility and plausibility of entitlement to relief.'" Id., at 557, 127 S.Ct. 1955 (brackets omitted).
.... [W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not "show[n]" - "that the pleader is entitled to relief." Fed. Rule Civ. Proc. 8(a)(2).

Iqbal, 556 U.S. at 678.

Allegations of a pro se complainant are held to less stringent standards than formal pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972).

In the complaint, plaintiff Robert Csech seeks damages and injunctive relief from Dr. Karen Gedney, M.D., in her individual capacity, as well as from Deputies Attorney General Nathan Hastings and Stephen Quinn, in both their individual and official capacities.

Plaintiff alleges in conclusory terms that he had an appointment with Dr. Gedney on June 12, 2013, but that she did not evaluate or examine him in any manner. While plaintiff alleges a litany of perceived medical complaints, [1] he does not identify what Dr. Gedney did not do during the June 12, 2013, appointment that she should have done to address a specific serious medical need. Plaintiff refers back to depositions and hearings in prior litigation and alleges that Dr. Gedney lied during the appointment and/or in the prior litigation. Plaintiff further alleges conclusorily that he is being subjected to retaliation and torture.

Plaintiff lists Hastings and Quinn as defendants, but he presents no operative allegations of actual fact pertaining to either defendant. Plaintiff alleges that Hastings confirmed the nonretaliation agreement on the record as counsel during the prior litigation, but the ...


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