Farley v. Virga et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 4/28/14 ORDERING that Plaintiffs motion to modify his case (ECF No. 36 ) is denied; Within fourteen days of the date of this order, Supervising Deputy Attorney Monica Anderson shall file the status report discussed above; and The Clerk of the Court is directed to serve this order and plaintiffs March 31, 2014 motion (ECF No. 36 ) and April 11, 2014 letter (ECF No. 38 ) on Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM D. FARLEY,

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No. 2: 13-cv-1751 KJN P

Plaintiff,

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v.

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T. VIRGA, et al.,

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ORDER

Defendants.

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

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to 42 U.S.C. § 1983. On September 3, 2013, plaintiff consented to the jurisdiction of the

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undersigned. (ECF No. 4.) This action is proceeding on the amended complaint filed November

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13, 2013. (ECF No. 11.) All defendants are located at California State Prison-Sacramento

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(“CSP-Sac”). Plaintiff is now housed at California State Prison-Corcoran (“Corcoran”).

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On March 31, 2014, plaintiff filed a “motion for modification of the case.” (ECF No. 36.)

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In this motion, plaintiff requests that Dr. Gill be added as a defendant. The court construes

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plaintiff’s motion for modification as a motion to amend his complaint to include claims against

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Dr. Gill. Plaintiff’s motion was not, however, accompanied by a proposed amended complaint.

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As a prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma

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pauperis statute. See 28 U.S.C. § 1915A. Because plaintiff did not submit a proposed amended

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complaint, the court is unable to evaluate it. Accordingly, plaintiff’s motion for modification of
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the case, construed as a motion to amend, is denied.
In plaintiff’s March 31, 2014 motion, plaintiff alleges that Dr. Gill took his wheelchair

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away which made it unable for plaintiff to get his Keyhea medications, food, drink, etc. Plaintiff

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also alleges that he does not have access to his legal property because he is on suicide watch. On

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April 11, 2014, plaintiff filed a letter with the court stating that he was being denied access to his

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legal property and the law library. Plaintiff alleges that he was placed on suicide watch after he

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began cutting himself. Plaintiff alleges that the stress of this case, not being able to get medical

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treatment, not being able to get legal representation and his deteriorating mental health became

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too much for him to handle. Plaintiff alleges that the plan is to keep him on suicide watch for a

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long time.

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The court is concerned with plaintiff’s claim that his wheelchair was improperly

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confiscated, as a result of which he could not obtain his medication, food, drink, etc. Plaintiff’s

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allegations suggest that he began cutting himself, in part, due to the confiscation of his

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wheelchair. The court is also concerned with plaintiff’s claim that he will be on suicide watch for

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a long time, during which time he will be without access to his legal property or the law library.

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No defendants are located at Corcoran. Accordingly, the court directs Supervising Deputy

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Attorney General Monica Anderson to file a status report within fourteen days addressing the

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court’s concerns set forth above.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Within fourteen days of the date of this order, Supervising Deputy Attorney Monica

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Plaintiff’s motion to modify his case (ECF No. 36) is denied;

Anderson shall file the status report discussed above; and
3. The Clerk of the Court is directed to serve this order and plaintiff’s March 31, 2014

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motion (ECF No. 36) and April 11, 2014 letter (ECF No. 38) on Supervising Deputy

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Attorney General Monica Anderson.

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Dated: April 28, 2014

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Far1751.ord
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