Johnson v. Chau et al

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 03/05/18 ORDERING that within 7 days from the date of this order, defendants shall address plaintiff's motion for injunctive relief, as set forth above. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM JOHNSON,

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No. 2:16-cv-1536 JAM KJN P

Plaintiff,

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v.

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J. CHAU, et al.,

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ORDER

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 has filed a motion for a temporary restraining order and preliminary

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injunction. Plaintiff suffers from multilevel cervical spondylitis, worse at C4-5, and second

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worse at C5-6, with bilateral mild to moderate foraminal stenosis, and a right-sided herniated

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nucleus pulpous. Plaintiff states that multiple specialists have advised plaintiff that he should be

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specially housed to protect him from paralysis or death due to his medical conditions. Plaintiff

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claims that despite having a permanent CDCR 7410 Comprehensive Accommodation Chrono

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(“chrono”) for ground floor, limited stairs (ECF No. 36 at 20), and despite multiple efforts on his

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behalf to demonstrate to prison staff that he should not be housed on the upper tier due to his very

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serious medical issues, plaintiff was required to move to an upper tier. Plaintiff alleges that he

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sustained another neck injury while he was required to physically move his property, and states

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he had not yet been seen by medical staff for such injury despite submitting seven health care
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requests. Plaintiff contends he continues to be at risk due to the increased number of stairs he

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now has to take.

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Plaintiff alleges that he is at serious risk of paralysis or death due to his recent move to the

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upper tier, contrary to the permanent chrono requiring that plaintiff be housed on the lower tier.

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Plaintiff seeks an injunction requiring prison officials to return him to a lower tier cell, and

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restrain defendants from altering his permanent lower tier status.
In light of plaintiff’s allegations of a threat of imminent serious harm, the court directs

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defendants to respond to plaintiff’s motion, including the status of plaintiff’s current housing, and

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whether medical staff have evaluated plaintiff’s recent neck injury.

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In accordance with the above, IT IS HEREBY ORDERED that within seven days from

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the date of this order, defendants shall address plaintiff’s motion for injunctive relief, as set forth

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above.

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Dated: March 5, 2018

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