Javiad Akhtar v. J. Mesa

In this prisoner civil rights action filed pursuant to 42 U.S.C. § 1983 , Javiad Akhtar appeals from the dismissal with prejudice of his first amended complaint for deliberate indifference to his serious medical needs in violation of the Eighth Amendment. In his complaint, Akhtar alleged that Correctional Officer J. Mesa and Correctional Sergeant S. Turner (“Appellees”) violated his federal constitutional rights by failing to comply with his medical “chrono,” which required him to be housed in a ground floor cell. He also alleged that Appellees failed to provide him with an interpreter at medical appointments. We must decide whether the district court erred by (1) refusing to consider arguments that Akhtar raised for the first time in his objections to a magistrate judge’s findings and recommendations on Appellees’ motion to dismiss, (2) concluding that Akhtar failed to exhaust his administrative remedies, and (3) dismissing his complaint on the ground that he failed to state a claim upon which relief can be granted. After reviewing the record and relevant authority, we vacate the judgment and remand.

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Akhtar is a California prisoner incarcerated at Mule Creek State…