Avalos
Avalos v. Dr. Ashby
Opinion
trial_court Opinion
INTRODUCTION
Plaintiff Jose Luis Avalos alleges that doctors failed to provide adequate post-surgical wound care instructions, which ultimately resulted in Plaintiff’s arm becoming infected. His first amended 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). When liberally construed, Avalos has stated an Eighth Amendment deliberate indifference claim against Drs. Hatch and Ashby. No other claims are described in the allegations, and to the extent Avalos intends to bring any other claims, those are dismissed. The Court directs Defendants Hatch and Ashby to file in response to the operative complaint a dispositive motion, or a notice regarding such motion, on or before November 3, 2025. No hearing will be held on any motion unless the Court specifically orders one.
DISCUSSION
A. Standard of Review A federal court must conduct a preliminary screening in any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). In its review, a court must identify any cognizable claims and dismiss any claims that are frivolous,…