Schuyler
Smith v. Schuyler
Opinion
Trial Court Opinion
BACKGROUND
23 Plaintiff alleges he suffers from an infection, abscess, and disc injury in his back, which is 24 very painful. (ECF No. 1 at 2.) He alleges on June 29, 2023, Defendant Dr. Singh sent him to the 25 hospital for a biopsy and intravenous antibiotics. (Id. at 3.) He was receiving pain medication that 26 he liked until July 6, 2023, when Defendant Dr. Bergen changed to a different pain medication 27 him back to the hospital for “stronger pain medication,” which Dr. Patberg refused to do. (Id. at 2- 3.) He returned to SVSP again and received morphine for three days until Dr. Singh discontinued it. (ECF No. 1 at 2-3.) STANDARD OF REVIEW Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune from such…