Oliver

Oliver v. Carey

Good Law
315 F. App'x 649
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-15568California480 words

Opinion

Lead Opinion

*650 MEMORANDUM **

James Oliver, a California prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We reverse and remand.

The district court concluded that Oliver’s amended complaint failed to state a claim for inadequate medical care because Oliver failed to allege acts or omissions evidencing defendants knew of and disregarded his serious medical needs. However, Oliver’s complaint alleged "that Doctor Choo at Richard J. Donovan Correctional Facility had scheduled surgery to repair the injury, but that he was transferred to California State Prison at Solano (“CSP Solano”) before the surgery took place. Oliver’s complaint also alleged that he notified doctors and prison officials at CSP Solano that he had a torn and detached biceps muscle which had not yet been repaired. Oliver further alleged that Doctors Noriega and Mahmoud were deliberately indifferent to his serious medical need because they failed to complete the proper…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.