Mason
Richard Lee Mason v. John Doe
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD LEE MASON, Case No. 24-cv-04770-WHO (PR)
Plaintiff,
ORDER OF DISMISSAL
v.
JOHN DOE, Dkt. Nos. 32 and 34 Defendant.
12 INTRODUCTION In his amended 42 U.S.C. § 1983 complaint, plaintiff Richard Lee Mason alleges that his Eighth Amendment rights were violated when he slipped and fell while cleaning a puddle of urine. I dismissed his initial complaint for failure to state a claim, and now his first amended complaint is before me for review pursuant to 28 U.S.C. § 1915A(a). Mason’s allegations again fail to state any claim for relief. The puddle was created by persons unknown; any attempt to establish liability on the part of supervisory employees is speculative at best. Furthermore, the short delay between the fall and his being taken for medical care does not state a claim for relief. Accordingly, this federal civil rights action is DISMISSED WITH PREJUDICE. DISCUSSION A. Standard of Review A…