Anderson v. Kelso, et al.

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/12 ORDERING that the Clerk of the Court is directed to serve this order and Dkt. Nos. 23 , 30 and 40 on Supervising Deputy Attorney General Monica Anderson; Defendants may file a response to plaintiffs requests for reinstatement of his pain medication within fourteen days of the date of this 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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SAMUEL ANDERSON,

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Plaintiff,

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No. 2: 12-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. The undersigned has separately ordered service of some

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defendants named in the second amended complaint. (Dkt. No. 40.)

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Plaintiff has filed several motions for injunctive relief alleging that he is being

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denied adequate pain medication. On February 23, 2012, plaintiff filed a motion alleging that he

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has chronic lower back pain, severe scoliosis and degenerative disc joint disease. (Dkt. No. 23.)

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Plaintiff alleges that he has been prescribed 30 mgs morphine and/or 50 mgs Tramadol. Plaintiff

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alleges that defendant Pomozal discontinued his pain medication without good cause after

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plaintiff requested an increased dose. Plaintiff alleges that defendants Swingle and Lee agreed

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with the decision to discontinue the morphine and Tramadol.

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On March 19, 2012, plaintiff filed another motion for injunctive relief. (Dkt. No.
30.) In this motion, plaintiff again alleges that defendants discontinued his pain medication.

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The court intends to act on plaintiff’s request for reinstatement of his pain

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medication within fourteen days of the date of this order. If defendants wish to file briefing

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regarding plaintiff’s request for reinstatement of pain medication, they may do so within that

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time.

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Plaintiff’s motions for injunctive relief also contain allegations concerning

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plaintiff’s diabetes. Defendants are not invited to address these claims because the operative

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second amended complaint contains no allegations regarding diabetes. See Devose v.

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Herrington, 42 F.3d 470, 471 (8th Cir. 1994) (a plaintiff seeking injunctive relief must show “[a]

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relationship between the injury claimed in the party’s motion and the conduct asserted in the

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complaint.”) The undesigned will address these claims by separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to serve this order and Dkt. Nos. 23, 30 and

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40 on Supervising Deputy Attorney General Monica Anderson;

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2. Defendants may file a response to plaintiff’s requests for reinstatement of his

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pain medication within fourteen days of the date of this order.

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DATED: May 24, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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an261.ord

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