Harris v. Fernan et al

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 4/5/2017 ORDERING the Clerk to serve this order and plaintiff's 3 motion for injuctive relief on Supervising Deputy Attorney General Monica Anderson. Monica Anderson shall file the status report discussed herein within 7 days. (cc: Monica Anderson)(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYDE HOLLIS HARRIS, 12 Plaintiff, 13 14 No. 2:17-cv-0680 KJN P v. ORDER S. FERNAN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 30, 2017 plaintiff filed a complaint (ECF No. 1) and a motion for 19 emergency injunctive relief (ECF No. 3.) For the reasons stated herein, Supervising Deputy 20 Attorney General Monica Anderson is directed to file a response to plaintiff’s motion emergency 21 injunctive relief. Plaintiff alleges that in January 2014 he was transferred to California State Prison-Solano 22 23 (“CSP-Solano”) as a “high risk medical transfer.” (ECF No. 3 at 16.) The “high risk” 24 designation apparently referred to plaintiff’s medical problems, rather than custody status. 25 Plaintiff alleges that he suffers from achalasia and a hiatal hernia. (Id.) As a result of these 26 conditions, plaintiff has difficulty having even liquid bowel movements, and he suffers pain in the 27 left side of his torso, neck and head. (Id.) 28 //// 1 1 After two years of filing grievances, plaintiff was referred to Dr. Chamber, a surgeon. 2 (Id.) Dr. Chamber told plaintiff that he required thoracic surgery, and referred plaintiff to a 3 thoracic surgeon in January 2016. (Id.) 4 Before plaintiff received the consultation with the thoracic surgeon, plaintiff was 5 transferred to the La Palma Correctional Facility in Arizona in June 2016. (Id.) At the time of 6 the transfer, plaintiff’s medical status had been lowered to medium risk, making him eligible for 7 out of state transfer to Arizona. (Id.at 16-17.) 8 9 After his transfer to Arizona, plaintiff went to the medical department about his achalasia and hiatal hernia. (Id. at 16.) Plaintiff was sent to gastroenterologist Dr. Kazi. (Id.) Dr. Kazi 10 told plaintiff that he would require tests and a colonoscopy to rule out anything else before going 11 through thoracic surgery. (Id.) After plaintiff returned to the La Palma Correctional Facility 12 following his consultation with Dr. Kazi, the prison doctor (Dr. Crane) told plaintiff that plaintiff 13 was going to have to be sent back to California on a high risk medical return. (Id.) Dr. Crane 14 told plaintiff that the Arizona prison would continue to do the work up for the surgery because it 15 would take a while for the transfer back to California. (Id. at 17.) However, plaintiff would have 16 to wait for the colonoscopy until he returned to California. (Id.) 17 In October 2016, plaintiff was transferred back to CSP-Solano. (Id.) Plaintiff attempted 18 to have his medical issues addressed, but he was transferred to Old Folsom State Prison on 19 November 6, 2016. (Id.) At Old Folsom State Prison, plaintiff was told that CSP-Solano had put 20 him back at medium risk, but that he would be sent back to CSP-Solano due to a pre-surgery diet 21 that was not available to Old Folsom State Prison. (Id.) Plaintiff returned to CSP-Solano on November 29, 2016.1 (Id.) Plaintiff was approved for 22 23 a gastroenterologist visit in the first week of March 2017. (Id.) However, as of March 20, 2017, 24 plaintiff was not yet scheduled to see the gastroenterologist. (Id.) 25 26 27 28 Plaintiff alleges that on March 21, 2017, his counselor informed him that he was being transferred out of state again because he was only medium risk. (Id.) 1 In the motion, plaintiff inadvertently states that he returned to CSP-Solano on November 29, 2017. (Id.) 2 1 Plaintiff alleges that medical and custody departments are playing games and transferring 2 him around so that he cannot get his medical issues taken care of. (Id.) Plaintiff alleges that 3 “they” have given him “tons of laxatives” but his guts hardly work anymore. (Id.) Plaintiff 4 alleges that he does not think his guts will take another trip out of state and back. (Id.) Plaintiff 5 also alleges that he believes prison officials are retaliating against him for filing administrative 6 grievances by giving him “bus therapy.” (Id. at 18.) 7 8 9 Plaintiff requests that the court intervene and order prison officials not to transfer him so that his medical issues can be take care of. (Id.) The undersigned is concerned by plaintiff’s claims that his serious medical problems are 10 not being addressed due to repeated transfers. For this reason, Supervising Deputy Attorney 11 General Monica Anderson is directed to file a status report within seven days addressing: 1) the 12 status of plaintiff’s potential transfer away from CSP-Solano; 2) the status of plaintiff’s receipt of 13 the consultation with the gastroenterologist, including whether and when plaintiff will receive 14 surgery; 3) if plaintiff is to be transferred away from CSP-Solano, whether plaintiff can receive 15 surgery and proper medical care for his hernia and achalasia at the prison where he is to be 16 transferred; and 4) plaintiff’s claims of the repeated change in his classification from “medium 17 risk” to “high risk.” 18 Accordingly, IT IS HEREBY ORDERED that: 19 1. The Clerk of the Court is directed to serve this order and plaintiff’s March 30, 2017 20 motion for injunctive relief (ECF No. 3) on Supervising Deputy Attorney General Monica 21 Anderson; 22 2. Supervising Deputy Attorney General Monica Anderson shall file the status report 23 discussed above within seven days of the date of this order. 24 Dated: April 5, 2017 25 26 27 Harr680.ord 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?