Watts v. Hicks et al

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/11/13 ORDERING that plaintiffs document styled as a motion to compel 12 is DENIED; Plaintiffs motion for an extension of time to file a first amended complaint 13 is GRANTED; and Plaintiff is granted 90 days from the date of this order in which to file and serve a first amended complaint. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

PHILLIP WATTS,

11

Plaintiff,

12

vs.

13

No. 2:12-cv-0010 CKD

D. HICKS, et al.,

14

Defendants.

15
16

ORDER
/

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief

17

pursuant to 42 U.S.C. § 1983. Pending before the court are plaintiff’s filing styled as a “motion

18

to compel” (Dkt. No. 12) and his third request for an extension of time to file an amended

19

complaint (Dkt. No. 13.)

20

Plaintiff’s original complaint alleged that on various occasions between October

21

12, 2012 and December 28, 2012, during institutional lockdowns at CSP-Solano, unnamed

22

nurses failed to dispense his prescribed morphine and Gabapentin needed for pain relief and

23

treatment of his diagnosed medical condition. On October 1, 2012, plaintiff’s original complaint

24

was dismissed with leave to amend for failure to state a claim. The court found that plaintiff had

25

not sufficiently alleged that any named defendant’s actions rose to the level of deliberate

26

indifference under the Eighth Amendment.
1

1

In his filing styled as a motion to compel, plaintiff states that his attempts to

2

obtain the names of the nurses who failed to dispense his medication have been unsuccessful

3

because prison staff has been unresponsive to his requests for information. Plaintiff has attached

4

an inmate appeal he filed in which he requested the names of the particular Licensed Vocational

5

Nurses (LVNs) working on the days at issue; his appeal was denied with the explanation that the

6

information is not readily available and the workload required to obtain the requested

7

information cannot be justified as written. Plaintiff asks the court to compel the medical staff of

8

Solano State Prison to give him the names of the LVNs referenced in his complaint. Plaintiff is

9

advised that the court, having no jurisdiction over the Solano State Prison medical staff in this

10

action, cannot compel same to do anything.

11

Plaintiff has also requested a third extension of time to file an amended complaint

12

pursuant to the court’s order of October 1, 2012. Plaintiff states that he needs the extra time to

13

obtain the names of the LVN’s involved. Good cause appearing, the request will be granted.

14

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

15

1.

Plaintiff’s document styled as a “motion to compel” (Dkt. No. 12) is DENIED;

16

2.

Plaintiff’s motion for an extension of time to file a first amended complaint (Docket No.

17
18
19
20

13) is GRANTED; and
3.

Plaintiff is granted 90 days from the date of this order in which to file and serve a first
amended complaint.

Dated: February 11, 2013

21

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

22
23
24
25

8
watt0010.mtc.36

26
2