PRISONER CIVIL RIGHTS CLAIM DISMISSED

The Central District of California dismissed a civil rights claim for refusal to provide medical treatment to a prisoner. Multiple defendants filed a motion for summary judgment in response to the claim for failing to treat a gunshot wound.

Plaintiff was convicted of dealing methamphetamine and sentenced to 75 months in federal prison. He claimed he was transferred to a specific prison to treat a gunshot wound to his leg. Plaintiff asserted that over 40 requests for treatment were ignored and filed his complaint claiming a violation of the Eighth Amendment under Bivens.

As a responsive pleading, a motion for summary judgment was filed on the grounds that he had failed to exhaust his administrative remedies. Alternatively, a motion to dismiss was included on the grounds that Plaintiff failed to state a claim upon which relief could be granted. Plaintiff failed to file any opposition despite multiple chances. The court issued an order dismissing the claim under FRCP 41(b).