Herrera v. Manish-Mggarwal

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 4/05/17 ordering the Clerk of the Court shall serve this order and plaintiff's complaint 1 on Supervising Deputy Attorney General Monica Anderson. Supervising Deputy Attorney General Monica Anderson shall file the status report discussed above within 7 days of the date of this order. (cc: Monica Anderson, Attorney General)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARMANDO HERRERA,

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Plaintiff,

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No. 2: 17-0650 KJN P

v.

ORDER

MANISH-MGGARWAL,

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Defendant.

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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. In the complaint filed March 28, 2017, plaintiff requests injunctive relief.

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For the reasons stated herein, Supervising Deputy Attorney General Monica Anderson is directed

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to file a response to plaintiff’s request for injunctive relief within seven days of the date of this

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order.

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Plaintiff is incarcerated at the California Health Care Facility (“CHCF”) in Stockton.

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Dr. Manish-Mggarwal is named as a defendant. Plaintiff alleges that on March 20, 2017,

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defendant told plaintiff that he was going to take away most of plaintiff’s “psych medication” and

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Cogentin “for my side effects, from 2 mg. to 0.5.” Plaintiff alleges that he told defendant that the

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reduction in Cogentin would not stop the side effects. Plaintiff told defendant that he would get

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sick. Plaintiff alleges that defendant told plaintiff that “you shouldn’t file on the medical staff

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…here at the unit. Now you suffer.”
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Plaintiff alleges that he is a mental patient. Plaintiff alleges that he is stressed out and has

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suicidal thoughts off and on and “can’t sleep at night off and on … behind my medications.” As

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relief, plaintiff seeks reinstatement of his psyche medications “because the 0.5 Cogentin is not

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stopping the side effects and I’m getting sick.”

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The undersigned is concerned by plaintiff’s claims that as a result of alleged changes in

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his psychiatric medications, plaintiff is suffering both physically and mentally. Accordingly,

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Supervising Deputy Attorney General Monica Anderson is directed to file a status report

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addressing the alleged changes in plaintiff’s medications and changes to his physical and mental

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health as a result of these alleged changes.

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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 plaintiff’s complaint (ECF

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No. 1) on Supervising Deputy Attorney General Monica Anderson;
2. Supervising Deputy Attorney General Monica Anderson shall file the status report

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discussed above within seven days of the date of this order.

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Dated: April 5, 2017

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Her650.ord
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