United States District Court, D. Colorado
Donald Roderick, Plaintiff, Pro se, Sterling, CO.
For Gatbel N. Chamjock, PA, Helene Christner, PA, Defendants: Jacob D. Massee, Colorado Attorney General's Office, Denver, CO.
Boyd N. Boland, United States Magistrate Judge.
This matter arises on Defendants' Motion to Dismiss [Doc. #19, filed 07/21/2014] (the " Motion"). The Motion is GRANTED.
I. STANDARD OF REVIEW
The plaintiff is proceeding pro se, and I must liberally construe his pleadings. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). I cannot act as advocate for a pro se litigant, however, who must comply with the fundamental requirements of the Federal Rules of Civil Procedure. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991).
In ruling on a motion to dismiss, the court must accept the plaintiff's well-pleaded allegations as true and must construe all reasonable inferences in favor of the plaintiff. City of Los Angeles v. Preferred Communications, Inc., 476 U.S. 488, 493, 106 S.Ct. 2034, 90 L.Ed.2d 480 (1986); Mitchell v. King, 537 F.2d 385, 386 (10th Cir. 1976). The complaint must contain specific allegations sufficient to establish that it plausibly supports a claim for relief. Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 n.2 (10th Cir. 2007). " The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984).
The plaintiff is incarcerated by the Colorado Department of Corrections (" DOC") at the Sterling Correctional Facility (" SCF"). He filed his Prisoner Complaint on April 7, 2014 (the " Complaint"). The Complaint contains the following allegations:
1. The plaintiff was diagnosed with heart disease in January 2010. Complaint, p. 4.
2. In June 2012, he collapsed after completing a three mile run. He was resuscitated and taken to the hospital. " He subsequently underwent placement of a Medtronic single chamber D314VRM defibrillator" and was returned to the Colorado Territorial Correctional Facility. Id.
3. The plaintiff was " placed under monitoring and aftercare with Pueblo Cardiology Associates." " Treatment ordered was to decrease the Amlodipine medication to 2.5 mg a day; continue all other medications; to undergo an ICD evaluation in three months; and then return for re-assessment in ...