No. 22-7366

Donald Joshua Smith v. Omoniyi Akintola

Lower Court: Ninth Circuit
Docketed: 2023-04-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-violation cruel-unusual-punishment deliberate-indifference due-process inadequate-care medical-malpractice medical-negligence toxic-exposure
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Why was Akintola not held medically responsible for examining, diagnosing, and treating plaintiff's medical conditions?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Being the primary care provier, why was not Akintola held medical responsible for examining, diagnose, and treating plaintiff's Smith for the sickness & disease that stem from Chest-Pain and Shortness of Breath. | ; ; 2. How could you justify the U.S. District Court ruling to dismiss plaintiff's Civil . Rights Complaint. 3. How could you overlook the fact that plaintiff was and still is being expose to Toxic, Contaminated Water after 4-Years. ; ; : : 4. After a number of CDCR-7362 Medical Request serve and reply to by defendant's Akintola ; How could he not be liable for his action, that amounted to a prudent standard of | Inadequate care and delay. : 5. Why would plaintiff's Primary Care Provider, not be guilty of a constitutional violat; “ion, under the Cruelz&Unusual. Punishment . : 6. Why does plaintiff now have Five (5) Life-Threatening disease after over Three-years of medical appointment, Exam, Treatment, if it's not from the Contaminated water here , at California Health Care Facility-Stockton CA. . 7. Why have you not provided any document and evidence in support of your claim. 8. Why did you not accept plaintiff's explanation as to his sickness, due to the contam: inated water. : 9. Why does the Court not see that the spread of disease in plaintiff's smith body, Lungs Liver, Heart, Abdomen disease and Hepatitis C, is due to a disregard and Medical Deliberate Indifference on the part of Akintola, the primary care provider. 10. The following citations also support petitioner Writ, and being that I am not very good at Litigation, See Anderson v. Liberty Lobby Inc.477 U.S.242 (1986) and Colotex Corp v. Catrett, 477 U.S. 317 (1986). 3 ;

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-02
Waiver of right of respondent Omoniyi Akintola to respond filed.
2023-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 25, 2023)

Attorneys

Donald Joshua Smith
Donald Joshua Smith — Petitioner
Donald Joshua Smith — Petitioner
Omoniyi Akintola
Jaime Michelle GansonState of California, Attorney General's Office, Respondent
Jaime Michelle GansonState of California, Attorney General's Office, Respondent