ROBERT C. BROOMFIELD, Senior Distirct Judge.
Plaintiff Eduardo Ramirez-Garcia, who is confined in the Arizona State Prison Complex-Florence, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma Pauperis. In a February 28, 2013 Order, the Court denied the Application to Proceed with leave to amend. On March 8, 2013, Plaintiff filed a new Application to Proceed In Forma Pauperis (Doc. 6).
On June 13, 2013, Plaintiff filed a Motion for Ruling/Status requesting a ruling on his Application to Proceed and information regarding the status of this case. The Court will grant the Motion and the Application to Proceed and will dismiss the Complaint with leave to amend.
I. Application to Proceed In Forma Pauperis and Filing Fee
Plaintiff's Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). The Court will assess an initial partial filing fee of $0.23. The remainder of the fee will be collected monthly in payments of 20% of the previous month's income each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government agency to collect and forward the fees according to the statutory formula.
II. Statutory Screening of Prisoner Complaints
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
A pleading must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2) (emphasis added). While Rule 8 does not demand detailed factual allegations, "it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id.
"[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id. (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. "Determining whether a complaint states a plausible claim for relief [is]... a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. Thus, although a plaintiff's specific factual allegations may be consistent with a constitutional claim, a court must assess whether there are other "more likely explanations" for a defendant's conduct. Id. at 681.
But as the United States Court of Appeals for the Ninth Circuit has instructed, courts must "continue to construe pro se filings liberally." Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). A "complaint [filed by a pro se prisoner] must be held to less stringent standards than formal pleadings drafted by lawyers.'" Id. (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007) ( per curiam )).
If the Court determines that a pleading could be cured by the allegation of other facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) ( en banc ). The Court should not, however, advise the litigant how to cure the defects. This type of advice "would undermine district judges' role as impartial decisionmakers." Pliler v. Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was required to inform a litigant of deficiencies). The Court will dismiss Plaintiff's Complaint for failure to state a claim, but because the Complaint may possibly be saved by amendment, will dismiss the Complaint with leave to amend.
Plaintiff names the following Defendants in the Complaint: Arizona Department of Corrections Director Charles L. Ryan, Facility Health Administrator Dennis Kendall, Wexford, and the Arizona Department of Corrections.
Plaintiff raises three claims for relief. In Count One, Plaintiff alleges that his Eighth Amendment rights were violated when he received inadequate medical care while suffering an aneurysm. Plaintiff claims that on June 1, 2011, he experienced a severe headache and vomiting. Plaintiff was taken to the health unit of his facility where he was seen by a nurse who told correctional officers that Plaintiff was drunk (Plaintiff was not drunk) and gave Plaintiff ibuprofen and ice. Plaintiff was then taken back to his cell. Later that night, the pain intensified to the extent that Plaintiff could not stand. Plaintiff was taken to the medical unit via gurney and was subsequently hospitalized. Plaintiff remained in the hospital for four months.
In Count Two, Plaintiff claims that his Eighth and Fourteenth Amendment rights were violated when medical staff failed to give him prescribed medication and failed to follow the instructions of the doctor who operated on Plaintiff.
In Count Three, Plaintiff alleges that the Freedom of Information Act was violated when medical staff refused to provide Plaintiff with his ...