United States District Court, W.D. Washington, Tacoma
BILLY J. MEIER, Plaintiff,
CORRECT CARE SOLUTIONS, CLARK COUNTY SHERIFFS OFFICE Custody Branch and PHYSICIAN'S ASSISTANT/CLARK COUNTY JAIL, Defendants.
ORDER TO SHOW OR TO AMEND
L. Strombom, United States Magistrate Judge
the Court for review is Plaintiff Billy J. Meier's
proposed civil rights complaint. Dkt. 3. Plaintiff has been
granted leave to proceed in forma pauperis. Dkt. 2.
The Court has determined that it will not direct service of
plaintiff's complaint at this time because it is
deficient. However, plaintiff will be given an opportunity to
show cause why his complaint should not be dismissed or to
file an amended complaint by May 15, 2017.
is incarcerated at the Washington Corrections Center
(“WCC”). He seeks $500, 000 in damages and
injunctive relief relating to his medical care and the
conditions of his confinement at the Clark County Jail.
Plaintiff sues Correct Care Solutions, the Clark County
Sheriff's Office (Custody Branch), and an unidentified
Clark County Jail physician's assistant.
alleges that in January 2017, he signed up for sick call for
treatment of a hernia which he believes was caused when he
was forced to get up on a top bunk without a ladder.
Plaintiff alleges he was told that as long as the hernia
retracts on its own there is nothing to be done for him.
Plaintiff also alleges that he has mental illness and
“this is really effecting me.” Plaintiff
maintains that the Clark County Sheriff's Office (Custody
Branch) is negligent for not providing a ladder to the top
bunks and that Correct Care Solutions is “neglectful of
inmates medical needs, the physician's assistant
didn't even look at my hernia, he just determined that
medical treatment wasn't needed.” Dkt. 3, p. 3.
Court declines to serve the complaint because it contains
fatal deficiencies that, if not addressed, might lead to a
recommendation of dismissal of the entire action for failure
to state a claim upon which relief may be granted. 28 U.S.C.
§§ 1915(e)(2)(b)(ii), 1915A(b)(1).
complaint is brought under 42 U.S.C. § 1983. To state a
claim under § 1983, a plaintiff must allege facts
showing (1) the conduct about which he complains was
committed by a person acting under the color of state law;
and (2) the conduct deprived him of a federal constitutional
or statutory right. Wood v. Ostrander, 879 F.2d 583,
587 (9th Cir. 1989). In addition, to state a valid §
1983 claim, a plaintiff must allege that he suffered a
specific injury as a result of the conduct of a particular
defendant, and he must allege an affirmative link between the
injury and the conduct of that defendant. Rizzo v.
Goode, 423 U.S. 362, 371-72, 377 (1976).
Prison Litigation Reform Act (PLRA) requires inmates to
exhaust all administrative remedies before bringing a §
1983 claim. 42 U.S.C. § 1997e(a); Griffin v.
Arpaio, 557 F.3d 1117, 1119 (2009). To effectively
exhaust his administrative remedies, an inmate must use all
the formal steps of the prison grievance process.
Id. Because the purpose of exhaustion is to give
prison administrators a chance to resolve the issues, the
inmate must exhaust each of his claims through grievances
containing enough factual specificity to notify officials of
the alleged harm. Id. at 1120.
civil rights complaint is dated April 3, 2017. Dkt. 3, p. 4.
Consequently, any claim not exhausted prior to that date may
not be pursued in this action. Exhaustion must
precede the filing of the complaint and compliance
with the statute is not achieved by satisfying the exhaustion
requirement during the course of an action. McKinney v.
Carey, 311 F.3d 1198, 1199 (9th Cir.2002). Plaintiff
states that he was transferred from “county to DOC
before [he] was able to file a grievance.” Dkt. 3, p.
has not provided sufficient facts to allow the Court to
determine whether he has filed this complaint prematurely,
including the date of his transfer and whether he initiated
any grievance procedure. Plaintiff is directed to explain why
his complaint should not be dismissed without prejudice for
failure to fully exhaust.