Javiad Akhtar v. J. Mesa

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIAD AKHTAR, No. 11-16629 Plaintiff - Appellant, D.C. No. v. 2:09-CV-2733-

FCD-GGH P

J. MESA , S. TURNER; L. WARD ,

individually and in their official capacities, OPINION Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding

Argued and Submitted September 14, 2012–San Francisco, California

Filed November 5, 2012

Before: Arthur L. Alarcón, Susan P. Graber, and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Alarcón AKHTAR V . MESA

SUMMARY*

Prisoner Civil Rights

The panel vacated the district court’s dismissal of a prisoner’s complaint brought under 42 U.S.C. § 1983 alleging deliberate indifference to serious medical needs, and remanded. The panel held that given plaintiff’s pro se status, limited English skills and disabilities, the district court erred by refusing to consider arguments that plaintiff raised for the first time in his objections to a magistrate judge’s findings and…