Kennedy v. Chief Medical Officer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 STEPHEN PAULE KENNEDY, Case No. 24-cv-08907-WHO (PR)

Plaintiff,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND

CHIEF MEDICAL OFFICER, et al., Dkt. No. 4 Defendants.

11 INTRODUCTION Plaintiff Stephen Paule Kennedy alleges that medical staff at Salinas Valley State Prison provided constitutionally inadequate medical care for his broken finger. His 42 U.S.C. § 1983 complaint containing these allegations is now before me for review pursuant to 28 U.S.C. § 1915A(a). Kennedy’s allegations fail to state a claim that any person was deliberately indifferent. It is unclear whether two medical personnel (Son and Yeh) had the authority to order treatment or were even qualified to diagnose his injury. His allegations against Dr. Lameer show that Lameer took some steps to treat him and therefore was not deliberately indifferent. His allegations against the grievance reviewers fail to state any claim for relief. …