Caputo v. Kern County Sheriff's Office

Filing 10

ORDER Requiring Plaintiff to Provide Additional Information Regarding His Motion for Relief of Medical Neglect, Medical Negligence and Medical Abuse 8 , signed by Magistrate Judge Erica P. Grosjean on 9/22/16: 7-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,
Plaintiff,

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v.

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KERN COUNTY SHERIFF’S OFFICE,
Defendant.

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ORDER REQURING PLAINTIFF TO
PROVIDE ADDITIONAL INFORMATION
REGARDING HIS MOTION FOR RELIEF
OF MEDICAL NEGLECT, MEDICAL
NEGLIGENCE, AND MEDICAL ABUSE
(ECF NO. 8)
SEVEN-DAY DEADLINE

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1:15-cv-01008-EPG (PC)

I.

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BACKGROUND
Brian Caputo (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. ' 1983.

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Complaint on September 19, 2016. The First Amended Complaint has not yet been screened.

Plaintiff filed a First Amended

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On September 19, 2016, Plaintiff also filed a Motion for Relief of Medical Neglect,

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Medical Negligence, and Medical Abuse (“the Motion”). (ECF No. 8). Without ruling on the

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merits of Plaintiff’s motion, the Court requests additional information from Plaintiff to assist

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the Court’s consideration.

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II.

PLAINTIFF’S MOTION

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Plaintiff is presently incarcerated at the Kern County Jail in Bakersfield, California.

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According to Plaintiff, he had to be rushed to the Kern Medical Center on July 7, 2016.

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Plaintiff was told by the neurologist that “the veins/blood vessals [sic] in my brain flaired [sic]
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up three times their normal size, and to follow up within one week.” However, Plaintiff’s next

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appointment was scheduled for November of 2016. Plaintiff has allegedly not been getting any

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form of medical treatment, and his medical needs have been neglected.

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III.

ANALYSIS

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It is the Court’s understanding that when a pre-trial detainee awaiting trial is

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complaining of inadequate medical care, the first step is often that his or her attorney contacts

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the prison/jail to inquire about the matter. The Court notes that Plaintiff has an attorney (Eric

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A. Chase) representing him in his criminal case.

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Plaintiff did not state in his Motion whether he went through this procedure before filing the

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Motion, and what if any response was received. The Court requests this information for a

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better understanding of Plaintiff’s situation and the need for Court intervention, especially

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considering that Plaintiff does not have a complaint with this Court that has passed the

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screening stage.

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IV.

(Case No. 1:14-cr-00041-LJO-SKO).

CONCLUSION

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

Within seven days from the date of this order, Plaintiff shall notify the Court,

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in writing, what efforts if any have been made by Plaintiff and Plaintiff’s

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counsel to secure appropriate medical care and what response, if any, Plaintiff

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and his counsel have received.

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2.

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Failure to comply with this order may lead to the Motion being denied on that
ground.

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IT IS SO ORDERED.
Dated:

September 22, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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