Schuyler
Smith v. Schuyler
Opinion
Trial Court Opinion
INTRODUCTION
13 Plaintiff, a California prisoner proceeding without an attorney, filed this civil rights action 14 under 42 U.S.C. § 1983. The claims against Defendants C. Schuyler and Dr. Bright were 15 dismissed, and service was ordered on Defendants Dr. Singh at Salinas Valley State Prison and 16 Dr. Bergen and Dr. Patberg at Natividad Hospital based upon claims in the original complaint that 17 are capable of being judicially heard and decided. (ECF No. 8.) Plaintiff thereafter requested 18 leave to amend his complaint, which was granted, and he has filed an amended complaint. (ECF 19 Nos. 10, 11, 15.) The amended complaint, which completely replaces the original complaint, see 20 Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992), adds two new Defendants, Dr. Kalinjian 21 and Dr. Doherty, whom Plaintiff claims failed to adequately treat and diagnose his back pain; the 22 amended complaint still includes Dr. Singh and Dr. Bergen, but not Dr. Patberg, as defendants. 23 (ECF No. 15 at 2.) 24 For the reasons discussed below, the amended complaint is ordered served upon Dr. 25 Kalinjian and Dr. Doherty, and the claims against Dr. Patberg are DISMISSED. Defendant 26…