Hackney v. California Health Care Facility, et al.

Filing 39

ORDER signed by Magistrate Judge Deborah Barnes on 3/3/2017 ORDERING, within 20 days, Mr. McCandless shall file a statement explaining why he entered an appearance on plaintiff's behalf in this action; Mr. McCandless shall serve a copy of that statement on plaintiff; within 20 days of service of Mr. McCandless's statement, plaintiff may file a response; and the Clerk shall serve a copy of this order on plaintiff.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HACKNEY,

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Plaintiff,

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No. 2:15-cv-2160 JAM DB P

v.

ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,
Defendant.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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Plaintiff contends defendants were deliberately indifferent to his serious medical needs. In recent

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filings, plaintiff has asserted that attorney Timothy McCandless, who filed a third amended

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complaint on plaintiff’s behalf in August 2016, does not represent plaintiff. By this order, the

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court will permit Mr. McCandless an opportunity to explain his appearance on plaintiff’s behalf

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and plaintiff an opportunity to respond.
Before reviewing the background of this case, the court wants to reassure plaintiff that this

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case is still proceeding. In a recent filing, entitled a “motion for ‘Rand Warning,’” plaintiff

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makes statements indicating that he believes this case has been dismissed. (See ECF No. 36.) It

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has not. The status of these proceedings is discussed below.

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Plaintiff filed his original complaint on September 21, 2015. On screening, the court found

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that plaintiff had failed to plainly and succinctly allege facts supporting his claims and had failed

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to show how each defendant was involved in the deprivation of his rights. (ECF No. 12.)

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Plaintiff was given an opportunity to amend his complaint.

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On January 13, 2016, plaintiff filed a first amended complaint. (ECF No. 17.) The court

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recognized that plaintiff appeared to be making a claim regarding the insertion of a foley catheter

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in plaintiff by prison medical staff in December 2013 that caused injuries to plaintiff’s bladder,

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urethra, and other internal organs. However, the court again found that plaintiff failed to make

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specific allegations about how each defendant was involved in a deprivation of his rights. The

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court set out the Eighth Amendment standards for alleging a claim of deliberate indifference

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based on medical care and gave plaintiff the opportunity to file a second amended complaint.

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(ECF No. 19.)

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In May 2016, plaintiff requested an extension of time to file a second amended complaint.

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(ECF No. 23.) Plaintiff explained that he had “contacted and employed” attorney Jerome Clay of

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Stockton, California. The court granted an extension of time. (ECF No. 28.)

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On August 11, 2016, plaintiff, acting in pro per, filed a second amended complaint. (ECF No.

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32.) Three days later, on August 14, 2016, attorney Timothy McCandless of Stockton,

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California,1 filed a third amended petition on plaintiff’s behalf. (ECF No. 33.) Therein, counsel

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sets out in more detail claims regarding plaintiff’s medical care when he was treated for a urinary

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tract infection in December 2013.

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In filings with the court in November and December 2016, and January 2017, plaintiff

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contends that Mr. McCandless does not represent him and that he had no knowledge that Mr.

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McCandless had filed a complaint on his behalf until he received a copy of the docket in this case

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on October 19, 2016. (See ECF Nos. 36, 37, 38.)

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While Mr. McCandless provided a Stockton address on the third amended complaint, his
address is identified on the docket as being in Capistrano Beach, California.
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In order to determine the status of plaintiff’s representation, and in order to determine whether

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this case is proceeding on the second amended complaint filed by plaintiff in pro per or the third

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amended complaint filed by Mr. McCandless, IT IS HEREBY ORDERED as follows:

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1. Within twenty days of the filed date of this order, Mr. McCandless shall file a statement
explaining why he entered an appearance on plaintiff’s behalf in this action;

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2. Mr. McCandless shall serve a copy of that statement on plaintiff;

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3. Within twenty days of the date of service of Mr. McCandless’s statement, plaintiff may

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file a response; and
4. The Clerk of the Court is directed to serve a copy of this order on plaintiff.
Dated: March 3, 2017

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DLB:9
DLB1/prisoner-civil rights/hack2160.atty

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