1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARCUS A. PRICE, Case No. 24-cv-02379-JSW

8 Plaintiff, ORDER DENYING LEAVE TO FILE 9 v. AMENDED COMPLAINT OR RECONSIDERATION 10 SABBEEN, et al., Defendants. 11

12 Plaintiff, proceeding pro se, filed this civil rights case under

against 13 doctors at Napa State Hospital (“NSH”), where he has been involuntarily committed. This case 14 was dismissed for failure to state a cognizable claim for relief, and leave to amend was not 15 granted. Plaintiff nevertheless filed an amended complaint. The Court construes the amended 16 complaint to include a request for leave to file an amended complaint and a request for 17 reconsideration of the dismissal order’s not granting leave to amend. 18 The amended complaint does not change the Court’s conclusion that leave to amend 19 should not be granted. In his amended complaint, Plaintiff claims Defendant’s continuing his 20 medication despite adverse side effects constitutes “medical malpractice” and “negligence.” (ECF 21 No. 6 at 4.) A claim of medical malpractice or negligence is insufficient to make out a violation of 22 the Eighth Amendment. See Toguchi v. Chung,

(9th Cir. 2004). The 23 allegations in the amended complaint and the original complaint indicate a disagreement between 24 him and medical professionals over the proper course of medical care and, at most, a claim of 25 negligence and medical malpractice. Such claims do not amount to constitutional violations or 26 constitute cognizable grounds for relief under Section 1983.1 Insofar as it continues to assert non- 27 1 cognizable claims for relief, the amended complaint only reaffirms that any amendment would be 2 || futile and leave to amend should not be granted. 3 To the extent Plaintiff seeks leave to amend or reconsideration of the dismissal of his case 4 without leave to amend, such a request is DENIED. 5 IT IS SO ORDERED. 6 || Dated: September 4, 2024 Ch □□□ | / 8 Lau JERPREY |S. WHITE 9 United Utatés Wistrict Judge 10 11 12

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