Tony Luca v. Joseph Scalzo

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tony LUCA, Plaintiff-Appellant v. Joseph SCALZO, et al., Defendants-Appellees. No. 89-15572. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1989. * Decided Dec. 18, 1989. Before HALL, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 On February 10, 1989, appellant Tony Luca, an Arizona state prisoner, filed this action in district court alleging inadequate medical treatment by Dr. Joseph Scalzo, Medical Administrator of the Arizona Department of Corrections, and Walt Roberts, a Correctional Medical Assistant. He sought a complete physical and mental examination. The district court treated the complaint as asserting a cause of action under 42 U.S.C. § 1983 . After granting Luca leave to proceed in forma pauperis, the district court on March 3 ordered Luca to file an amended complaint by March 31, because the original complaint contained conclusory allegations that Luca suffers from…