Brooks v. Tate
Filing
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ORDER Regarding Amended Complaint and Motion for Preliminary Injunction signed by Magistrate Judge Dennis L. Beck on 10/09/2012. Response due by 11/5/2012. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RODNEY BROOKS,
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Plaintiff,
v.
HAROLD TATE,
Defendant.
Case No. 1:11-cv-1503-AWI-DLB PC
ORDER REGARDING AMENDED
COMPLAINT AND MOTION FOR
PRELIMINARY INJUNCTION
ECF Nos. 15, 16
PLAINTIFF’S RESPONSE DUE WITHIN
TWENTY-ONE DAYS
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Plaintiff Rodney Brooks (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on
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Plaintiff’s complaint, filed August 29, 2011, against Defendant Harold Tate for retaliation in
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violation of the First Amendment and deliberate indifference to a serious medical need in violation
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of the Eighth Amendment. On October 14, 2011, Plaintiff filed a motion for preliminary injunction.
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Pending before the Court is: 1) Plaintiff’s amended complaint, filed August 9, 2012, and 2)
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Plaintiff’s second motion for preliminary injunction, filed August 9, 2012. ECF Nos. 15, 16.
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Plaintiff’s amended complaint includes additional allegations regarding conduct that occurred after
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the filing of the complaint. A party may supplement its pleadings. Fed. R. Civ. P. 15(d). The Court
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will screen Plaintiff’s first amended complaint pursuant to 28 U.S.C. § 1915A(a) and §
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1915(e)(2)(B) prior to requiring Defendant to file a responsive pleading.
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With regards to Plaintiff’s second motion for preliminary injunction, the Court will require
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Plaintiff to notify the Court whether he wishes to withdraw his October 14, 2011 motion and proceed
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only with the August 9, 2012 motion. The Court does not generally permit parties to file motions in
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piecemeal. Plaintiff will not be permitted to proceed with two motions concerning the same subject
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matter for preliminary injunction.
Plaintiff’s second motion appears to supersede the request for relief made by Plaintiff in his
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first motion. In his first motion, Plaintiff requests that he be provided with a hinge knee brace,
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physical therapy, and effective pain management. ECF No. 10. In his second motion, Plaintiff
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requests that he be examined by a third-party neurologist and pain management specialist, receive
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the treatment recommended by the specialist, and receive the pain medication tramadol or its
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equivalent. ECF No. 15.
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Once he notifies the Court of which motion he wishes to proceed, the Court will deny the
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other motion, and direct Defendant Tate to file a response to Plaintiff’s surviving motion pursuant to
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Local Rule 230(l).
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Accordingly, it is HEREBY ORDERED that:
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1. Plaintiff’s first amended complaint, filed August 9, 2012, will be screened pursuant to 28
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U.S.C. § 1915A(a) and § 1915(e)(2)(B);
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2. Defendants will be ordered to file a responsive pleading after the Court issues its
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screening order; and
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3. Plaintiff is granted twenty-one (21) days from the date of service of this order in which
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to notify the Court whether he wishes to proceed with his October 14, 2011 motion for
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preliminary injunction or his August 9, 2012 motion for preliminary injunction.
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IT IS SO ORDERED.
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Dated:
/s/ Dennis
October 9, 2012
L. Beck
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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3b142a
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