Leopold v. Nangalama

Filing 34

ORDER signed by Magistrate Judge John F. Moulds on 1/23/13 ORDERING that within 15 days from the date of this order the parties shall file evidence of medical care provided to plaintiff for his lower back pain, if any, from April 1, 2009 until the time of plaintiffs transfer to CSP-Solano. Within fifteen days from the date of this order defendants shall file and serve a response to plaintiffs November 19, 2012 motion for temporary restraining order.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL LEOPOLD,

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Plaintiff,

No. 2:11-cv-0846 JFM P

vs.
A. NANGALAMA,

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Defendant.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. Plaintiff claims that his rights under the Eighth Amendment are being

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violated by defendant Nangalama’s failure to provide him with adequate medical care for severe

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chronic back pain resulting from three torn discs and curvature of his spine. The parties have

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filed cross-motions for summary judgment and plaintiff has filed a motion for temporary

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restraining order. By the latter motion, plaintiff seeks an order requiring prison officials to have

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plaintiff seen by an orthopedic specialist and by a doctor other than defendant Nangalama.1

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On December 7, 2012, plaintiff filed a notice of change of address indicating that he
has been transferred to California State Prison-Solano (CSP-Solano). The events in the
complaint arose at California State Prison-Sacramento (CSP-Sacramento). Since plaintiff is no
longer at CSP-Sacramento plaintiff’s request for an order requiring that he be treated by a
physician other than defendant Nangalama may be moot.
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Defendant’s motion for summary judgment is predicated on evidence of plaintiff’s

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medical care provided to plaintiff through approximately April 1, 2009. This action was filed in

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March 2011. Review of plaintiff’s opposition to defendant’s motion and of plaintiff’s cross-

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motion shows that there may be a dispute over the adequacy of plaintiff’s medical care from

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April 2009 through the present. Defendant’s motion for summary judgment is silent about the

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care provided to plaintiff for this period, and plaintiff’s cross-motion is accompanied only by his

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own declaration averring to his continuing back and the absence of any further MRI since April

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2009.

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Good cause appearing, the parties will be directed to file, within fifteen days,

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evidence of medical care provided to plaintiff for his lower back pain, if any, from April 1, 2009

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until the time of plaintiff’s transfer to CSP-Solano. The parties may, as appropriate include with

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such evidence supplemental briefs in support of or opposition to the pending motions for

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summary judgment. In addition, defendant shall within the same time file and serve a response

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to plaintiff’s November 19, 2012 motion for temporary restraining order.

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

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1. Within fifteen days from the date of this order the parties shall file evidence of

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medical care provided to plaintiff for his lower back pain, if any, from April 1, 2009 until the

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time of plaintiff’s transfer to CSP-Solano. The parties may, as appropriate, include with such

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evidence supplemental briefs in support of or opposition to the pending motions for summary

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judgment.

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2. Within fifteen days from the date of this order defendants shall file and serve a

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response to plaintiff’s November 19, 2012 motion for temporary restraining order.

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DATED: January 23, 2013.

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leop0846.fb

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