Felder

(PC) Avila v. Felder

Good Law
United States District Court, Eastern District of CaliforniaMarch 22, 20221:21-cv-01510California446 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW AVILA, No. 1:21-cv-01510 JLT BAM (PC) Plaintiff, ORDER ADOPTING THE FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. THE ACTION FELDER, et al., (Doc. 15) Defendants. 16 The assigned magistrate judge screened the First Amended Complaint and determined Plaintiff failed to state a cognizable claim upon which relief may be granted. (Doc. 15.) Although Plaintiff identified a serious medical need, the magistrate judge found Plaintiff failed to allege the defendant acted with deliberate indifference. (Id. at 3-5.) In addition, the magistrate judge observed Plaintiff was unable to invoke liability under Section 1983 for any violations of the identified prison regulations related to medical emergencies and responses thereto. (Id. at 5, citing, e.g., Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009).) Finally, the magistrate judge found Plaintiff failed to show injunctive relief and…

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