Williams v. Amay, et al.

Filing 15

ORDER SETTING BRIEFING SCHEDULE and DIRECTING Clerk to Serve a Copy of this Order and Plaintiff's 13 Motion for Temporary Restraining Order on Deputy Attorney General Monica Anderson; Twenty-One (21) Day Deadline signed by Magistrate Judge Erica P. Grosjean on 2/27/2018. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ERIC M. WILLIAMS, 10 Plaintiff, 11 12 13 v. TERESITA AMAY, et al., Defendants. Case No. 1:17-cv-01332-AWI-EPG (PC) ORDER SETTING BRIEFING SCHEDULE AND DIRECTING THE CLERK TO SERVE A COPY OF THIS ORDER AND PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER ON DEPUTY ATTORNEY GENERAL MONICA ANDERSON (ECF No. 13) 14 TWENTY-ONE (21) DAY DEADLINE 15 16 Eric M. Williams (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 4, 2017, Plaintiff 18 commenced this action, alleging that Dr. Bunn, Teresita Amay, Ph.D., and Navdeep Baath 19 Ph.D. (“Defendants”) denied him Wellbutrin despite his having a medical need for the 20 medication. (ECF No. 1). 21 On February 1, 2018, Plaintiff filed an emergency motion requesting a temporary 22 restraining order. (ECF No. 13). Plaintiff contends that his prescription for Wellbutrin expired 23 on February 15, 2017, and requests that the Court directs California Department of Corrections 24 and Rehabilitation to immediately renew his prescription for Wellbutrin. 25 Defendants have waived service of summons, but have not yet appeared in this action. 26 (ECF No. 14). However, given the nature of Plaintiff’s allegations, the Court will request a 27 response to the emergency motion. 28 Accordingly, based on the foregoing, the Court orders that, within twenty-one (21) days 1 1 of the date of service of this order, Defendants shall file their response to the emergency motion 2 for a temporary restraining order. Plaintiff may serve and file a reply, if any, not more than 3 seven (7) days after being served with any opposition. Additionally, IT IS ORDERED that the 4 Clerk of Court is directed to serve a copy of this order and Plaintiff’s emergency motion for a 5 temporary restraining order, (ECF No. 13), on Supervising Deputy Attorney General Monica 6 Anderson. 7 8 9 IT IS SO ORDERED. Dated: February 27, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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