IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

HENRY ALEXANDER TOWNSEND,

Plaintiff,

v. 

PRISON MEDICAL PROVIDER, ET AL.,

Defendants.

Case No. 2:15-cv-01726-KI

ORDER OF DISMISSAL

_____________________________________

KING, Judge.

Plaintiff, an inmate at Snake River Correctional Institution, brings this civil rights action

pursuant to 42 U.S.C. § 1983. Plaintiff has been granted leave to proceed in forma pauperis. 

However, for the reasons set forth below, plaintiff’s complaint is dismissed.

BACKGROUND

Plaintiff alleges that he was confined in the Intensive Management and Disciplinary

Segregation Units in violation of his First and Eighth Amendment rights. In support of his

constitutional claims, plaintiff alleges generally that "registered nurses, mental health providers,

etc.," were deliberately indifferent to his serious mental/medical needs, failed to protect him from

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harm, and retaliated against him because he filed a prior civil rights complaint. SeeComplaint at 5-7.

Additionally, plaintiff alleges that defendants acted negligently. Id. at 8.

STANDARDS

This court must dismiss an action initiated bya prisoner seeking redress from a governmental

entity or officer or employee, if the court determines that the action (i) is frivolous or malicious; (ii)

fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant

who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). 

In order to state a claim, plaintiff’s complaint must contain sufficient factual matter which,

when accepted as true, gives rise to a plausible inference that defendants violated plaintiff’s

constitutional rights. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly,

550 U.S. 544, 556-57 (2007). “A claim has facial plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is liable for the

misconduct alleged.” Iqbal, 556 U.S. at 678; Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir.

2009). Because plaintiff is proceeding pro se, I construe the pleadings liberally and afford the

plaintiff the benefit of any doubt. Erickson v. Pardus, 551 U.S. 89, 94 (2007).

DISCUSSION

Plaintiff's complaint is dismissed on the basis that plaintiff has failed to allege facts giving

rise to a reasonable inference that any named defendant was personally involved in the alleged

constitutional violations. As the Honorable Anna Brown previously advised plaintiff, he must allege

facts giving rise to a reasonable inference that each named defendants was personally involved in

the alleged constitutional violations. Conclusory allegations do not suffice. Townsend v. Sparks,

Case No. 2:15-cv-00135-AC (Order, ECF No. 20) (citing Taylor v. List, 880 F.2d 1040, 1045 (9th

Cir. 1989), and Monell v. New York City Dep't. of Social Serv., 436 U.S. 658, 691-94 (1978)). 

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CONCLUSION

Based on the foregoing, IT IS ORDERED that plaintiff’s complaint is dismissed, without

prejudice, for failure to state a claim. Within 30 days of the date of this order, plaintiff may file an

amended complaint curing the deficiencies noted above. Plaintiff's amended complaint shall list the

names of all defendants in its caption. See Fed. R. Civ. P. 10(a). Plaintiff is advised that failure to

file an amended complaint shall result in the dismissal of this proceeding, with prejudice. 

IT IS FURTHER ORDERED that plaintiff's motions for a temporary restraining order and

preliminary injunction (ECF No. 4), for appointment of counsel (ECF No. 5), and for transport (ECF

No. 6) are DENIED, with leave to renew upon successful compliance with this order.

IT IS SO ORDERED.

DATED this 16th day of September, 2015. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

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