Gerry Williams v. CLEMENT OGBUEHI, Physician Assistant at Kern Valley State Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERRY WILLIAMS,
Plaintiff-Appellant,
v.
CLEMENT OGBUEHI, Physician Assistant
at Kern Valley State Prison; et al.,
Defendants-Appellees.
No. 21-15661
D.C. No. 1:19-cv-00855-DAD-EPG
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted November 8, 2021**
Before: CANBY, TASHIMA, and MILLER, Circuit Judges.
California state prisoner Gerry Williams appeals from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to
his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 12 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-15661
under 28 U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.
2000) (dismissal under 28 U.S.C. § 1915A). We reverse and remand.
The district court dismissed Williams’s action after finding that Williams’s
allegations in his first amended complaint were insufficient to state a plausible
claim for deliberate indifference. However, Williams alleged that his Hepatitis C,
which led to cirrhosis of the liver, went untreated despite his reports of
excruciating pain to defendants Ogbuehi and Ulit. Williams further alleged that he
received no treatment for his pain associated with Hepatitis C and cirrhosis.
Liberally construed, these allegations were “sufficient to warrant ordering
[defendants] to file an answer.” Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir.
2012); Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir. 2004) (setting forth
medical deliberate indifference standard).
REVERSED and REMANDED.

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