Villescas v. Miranda et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/2015 ORDERING Supervising Deputy Attorney General Monica Anderson to address the plaintiff's 11 Motion for Injunctive Relief; DIRECTING the Clerk of Court to serve a copy of this order and a copy of the 11 Motion for Injunctive Relief Supervising Deputy Attorney General Monica Anderson. (cc: Attorney General PC - Monica Anderson) (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALBERTO VILLESCAS,

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No. 2:15-cv-1861 TLN KJN P

Plaintiff,
v.

ORDER

RAFAEL MIRANDA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff is a T12 paraplegic with chronic decubitus ulcers. (ECF No. 1 at 4; 11 at

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23.) The instant action proceeds on plaintiff’s Eighth Amendment claims that defendants have

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intentionally denied, and interfered with plaintiff’s medical care by, inter alia, depriving him of

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his air mattress, Lumbar Sacral Orthosis (“LSO”), narcotic pain medications, and air mattress,

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despite prior medical orders from pain management specialists and neurosurgeons. Prior to his

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transfer to High Desert State Prison (“HDSP”) on August 29, 2013, plaintiff claims that he was

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“almost continuously prescribed” pain medication for his chronic and substantial pain, including

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Fentanyl patches, Vicodin, and Morphine. (ECF No. 1 at 4.) On August 29, 2013, plaintiff

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alleges that defendant Miranda “falsely documented ‘no medical need’ for Methadone and ‘not

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medically necessary’ for Lumbar Corset [LSO] without examining plaintiff or his medical

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records. (ECF No. 1 at 5-6.)
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On October 8, 2015, plaintiff filed a motion for temporary restraining order and

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preliminary injunction.1 Plaintiff claims he continues to suffer severe pain because of the denial

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of his lumbar orthosis and proper pain medications as well as not having his personal, custom-

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fitted wheelchair. (ECF No. 11 at 3.) In addition, plaintiff contends that he was recently told that

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because he “made all CTC custody and medical staff extremely mad [at him] for complaining,”

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the yogurt and Boost supplements will be rescinded as not medically needed. (ECF No. 11 at 2.)

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Plaintiff states he was told his custom wheelchair will not be returned because of “contract issues

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and replacement parts being too expensive, as a result of plaintiff filing [a request for] an

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accommodation.” (ECF No 11 at 2.) Plaintiff seeks return of his custom wheelchair, a

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prescription and return of his LOS, examination by a pain management specialist and medications

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or treatment as recommended, and immediate transfer to a facility in Los Angeles.

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On October 9, 2015, the United States Marshal was directed to serve process on

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defendants; therefore, no defendants have appeared in this action. Accordingly, the court directs

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Supervising Deputy Attorney General Monica Anderson to address plaintiff’s motion for

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injunctive relief.

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

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1. Within fourteen days from the date of this order, Supervising Deputy Attorney General

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Monica Anderson shall address plaintiff’s motion for injunctive relief; and
2. The Clerk of the Court is directed to serve this order and a copy of plaintiff’s October

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8, 2015 motion (ECF No. 11) on Supervising Deputy Attorney General Monica Anderson.

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Dated: October 9, 2015

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Plaintiff includes claims concerning other inmates at HDSP. However, this action is not
proceeding as a class action, but proceeds only on plaintiff’s personal allegations.
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