Portillo

Portillo v. Johnson

Good Law
94 F. App'x 457
United States Court of Appeals for the Ninth CircuitMarch 15, 2004No. 03-55037; D.C. No. CV-99-08980-FMCCalifornia809 words

Opinion

Lead Opinion

MEMORANDUM *

Prisoner Juan Portillo appeals the dismissal of his second amended complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). In this civil rights action brought under 42 U.S.C. § 1983 , Portillo alleges that Dr. Jose DeCastro, a physician at California State Prison-Los Angeles County (“CSP-LAC”), and Dr. Robert Johnson, CSP-LAC’s chief medical officer, violated Portillo’s Eighth Amendment rights by delaying or denying him adequate medical treatment for his painful kidney stones. We review de novo the dismissal of a complaint under Rule 12(b)(6). Am. Family Ass’n, Inc. v. City and County of San Francisco, 277 F.3d 1114 , 1120 (9th Cir.2002). We review de novo the issue of whether an inmate is provided meaningful access to the courts. Lindquist v. Idaho State Bd. of Corrs., 776 F.2d 851, 854 (9th Cir.1985). We affirm in part, reverse in part, and remand the case to the district court for further proceedings.

Because the parties are familiar with the facts, we recite them only as necessary for this decision. Portillo alleges that Dr. DeCastro examined him once and erroneously diagnosed his condition as a “post operative adhesion.” DeCastro ordered…

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