Wilhelm
Wilhelm v. Rotman
Opinion
Opinion
Graber, J.
Plaintiff Steven Hairl Wilhelm filed a pro se complaint, under 42 U.S.C. § 1983 , against certain prison medical providers— Dr. Aron Rotman and Dr. Calvin Schuster. Plaintiff alleged that the providers’ delay in treating his hernia amounted to deliberate indifference to his medical needs, in violation of the Eighth Amendment. At the screening stage, a magistrate judge dismissed the case for failure to state a claim, pursuant to 28 U.S.C. § 1915A. Plaintiff appeals, arguing that his complaint properly stated a claim for relief. Plaintiff also contests the magistrate judge’s jurisdiction to dismiss his complaint with prejudice, arguing that he did not consent to jurisdiction by that particular magistrate judge.
We hold that (1) Plaintiff voluntarily consented to the jurisdiction of any magistrate judge, including the one who decided his ease; (2) the allegations against Dr. Schuster cannot support a deliberate indifference claim because they amount to a claim of negligence; and (3) the allegations against Dr. Rotman are sufficient to warrant ordering him to file an answer. Accordingly, we affirm in part and reverse and remand in part.