United States District Court, D. New Mexico
EARL R. MAYFIELD, Plaintiff,
PRESBYTERIAN HOSP. ADMIN. BSO DEPT., OUTSIDE AGENCY, ALBUQ AMBULANCE, JANE/JOHN DOE, Defendants.
MEMORANDUM OPINION AND ORDER
MATTER is before the Court on under 28 U.S.C.
§§ 1915A and 1915(e)(20(B) and Fed.R.Civ.P.
12(b)(6) on the Prisoner's Civil Rights Complaint filed
by Plaintiff Earl R. Mayfield. (Doc. 1). The Court determines
that Mayfield's Complaint fails to state a federal civil
rights claim for relief, declines to exercise supplemental
jurisdiction over any state-law claims, and dismisses this
case without prejudice to Mayfield's right to re-file his
claims under state law in New Mexico state court.
Earl R. Mayfield filed his Prisoner's Civil Rights
Complaint on Mary 31, 2017. (Doc. 1). He names, as
Defendants, Pres. Hosp. Admin. (apparently Presbyterian
Hospital), BSO Dept. (presumably Bernalillo County
Sheriff's Office), Outside Agency, Albuq Ambulance
(presumably Albuquerque Ambulance), Jane/John Doe, and
possible MDC (apparently Metropolitan Detention Center).
(Doc. 1 at 1). Mayfield claims:
“I was admitted to Emergency Room May 4, 2016 where my
constitutional State and Fed rights Hippa/civil rights state
and Federal medical malpractice, attempted murder, assault,
rape, violation of due process, conspiracy with BSO Albuq
Ambulance and other unknown agency's overly medicated.
. . .
I was taken to Pres Hosp by Albuq Ambulance after being
remanded into custody by BSO, while in custody other outside
Jane/John Doe agency was called. . . Violation of Hippa, Due
Process, Equal Process, Cruel & Unusual punishment, Fed.
& State constitutional Civil Rights 1964, Deliberate
indifference, Assault, Medical Malpractice, Abuse of power,
Excessive force, Attempted Murder, Agrivated Assault,
Possible sexual assault.”
(Doc. 1 at 1-2). Mayfield requests the Court award him
“$20, 000, 000, for each and every defendant violation
of plaintiffs rights, Monetary, Compensatory, Punitive
Damages.” (Doc. 1 at 13).
Mayfield is proceeding pro se and in forma pauperis.
The Court has the discretion to dismiss an in forma
pauperis complaint sua sponte for failure to
state a claim upon which relief may be granted under either
Fed.R.Civ.P. 12(b)(6) or 28 U.S.C. § 1915(e)(2)(B). A
claim should be dismissed where it is legally or factually
insufficient to state a plausible claim for relief. Bell
Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
Fed.R.Civ.P. 12(b)(6) the Court must accept all well-pled
factual allegations, but not conclusory, unsupported
allegations, and may not consider matters outside the
pleading. Twombly, 550 U.S. at 555; Dunn v.
White, 880 F.2d 1188, 1190 (10th Cir. 1989).
The court may dismiss a complaint under rule 12(b)(6) for
failure to state a claim if “it is ‘patently
obvious' that the plaintiff could not prevail on the
facts alleged.” Hall v. Bellmon, 935 F.2d
1106, 1109 (10th Cir. 1991) (quoting McKinney v. Oklahoma
Dep't of Human Services, 925 F.2d 363, 365 (10th
Cir. 1991)). A plaintiff must allege “enough facts to
state a claim to relief that is plausible on its face.”
Twombly, 550 U.S. at 570.
§ 1915(e)(2)(B) the court may dismiss the complaint at
any time if the court determines the action fails to state a
claim upon which relief may be granted. §
1915(e)(2)(B)(2). The authority granted by § 1915
permits the court the unusual power to pierce the veil of the
complaint's factual allegations and dismiss those claims
whose factual contentions are clearly baseless. Neitzke
v. Williams, 490 U.S. 319, 327 (1989). See also Hall
v. Bellmon, 935 F.2d 1106, 1109 (10th Cir.1991). The
authority to “pierce the veil of the complaint's
factual allegations” means that a court is not bound,
as it usually is when making a determination based solely on
the pleadings, to accept without question the truth of the
plaintiff's allegations. Denton v. Hernandez,
504 U.S. 25, 32-33 (1992). The court is not required to
accept the truth of the plaintiff's allegations but,
instead, may go beyond the pleadings and consider any other
materials filed by the parties, as well as court proceedings
subject to judicial notice. Denton, 504 U.S. at
Court liberally construes the factual allegations in
reviewing a pro se complaint. See Northington v.
Jackson, 973 F.2d 1518, 1520-21 (10th Cir. 1992).
However, a pro se plaintiff's pleadings are judged by the
same legal standards that apply to all litigants and a pro se
plaintiff must abide by the applicable rules of court.
Ogden v. San Juan County, 32 F.3d 452, 455
(10thCir. 1994). The court is not obligated to
craft legal theories for the plaintiff or to supply factual
allegations to support the plaintiff's claims. Nor may
the court assume the role of advocate for the pro se
litigant. Hall v. Bellmon, 935 F.2d at 1110.
deciding whether to dismiss the complaint, in whole or in
part, the court is to consider whether to allow plaintiff an
opportunity to amend the complaint. Pro se plaintiffs should
be given a reasonable opportunity to remedy defects in their
pleadings. Reynoldson v. Shillinger, 907 F.2d 124,
126 (10th Cir. 1990). The opportunity to amend
should be granted unless amendment would be futile. Hall
v. Bellmon, 935 F.2d at 1109. An amendment is futile if
the amended claims would also be subject to immediate
dismissal under the rule 12(b)(6) or § 1915(e)(2)(B)
standards. Bradley v. Val-Mejias, 379 F.3d 892, 901
(10th Cir. 2004).
MAYFIELD'S COMPLAINT FAILS TO STATE A FEDERAL CLAIM
Mayfield appears to assert claims under 42 U.S.C. § 1983
for violation of constitutional rights, under the Health
Insurance Portability and Accountability Act (HIPAA), and
possibly the Americans With Disabilities Act (ADA). (Doc. 1
at 1-2). His Complaint fails to state any federal claim for
Section 1983 Civil Rights Claims: 42 U.S.C. §
1983 is the exclusive vehicle for vindication of substantive
rights under the U.S. Constitution. See, Baker v.
McCollan,443 U.S. 137, 144 n. 3 (1979); Albright v.
Oliver,510 U.S. 266, 271 (1994) (Section 1983 creates
no substantive rights; rather it is the means through which a
plaintiff may seek redress for deprivations of rights