Gill

(PC) Stobbe v. Gill

Good Law
United States District Court, Eastern District of CaliforniaJuly 13, 20201:20-cv-00656California1,832 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FORREST STOBBE, Case No. 1:20-cv-00656-JDP

Plaintiff, SCREENING ORDER

v. FIRST AMENDED COMPLAINT DUE IN

SIXTY DAYS

DR. GILL, et al., ECF No. 1 Defendants.

Plaintiff Forrest Stobbe is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint, ECF No. 1, is before the court for screening. Plaintiff alleges that a medically necessary walker was taken from him in violation of his Eighth Amendment and due process rights. Id. The court has screened the complaint and finds that it fails to state a claim against the three named defendants—a doctor and two nurses— though plaintiff may be able to amend his complaint to state an Eighth Amendment claim, and also may be able to add an Americans with Disabilities Act (“ADA”) claim. The court will allow plaintiff to file an amended complaint within 60 days, and offers a more detailed overview of pleading…

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.