Henderson v. California Department of Corrections and Rehabilitations et al
Filing
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ORDER by Judge Ronald M. Whyte Denying 19 Motion for Reconsideration ; Denying 23 Motion for TRO; Granting 32 Motion for Extension of Time to File. (jg, COURT STAFF) (Filed on 7/31/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CURTIS LEE HENDERSON, SR.,
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Plaintiff,
v.
DR. J. ESPINOZA, et al.,
Defendants.
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No. C 11-4918 RMW (PR)
ORDER DENYING MOTION
FOR RECONSIDERATION OF
PRELIMINARY INJUNCTION;
DENYING IN PART AND
GRANTING IN PART
PLAINTIFF’S MOTION FOR
EXTENSION OF TIME
(Docket Nos. 19, 23, 32)
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Plaintiff, a state prisoner proceeding pro se, filed a federal civil rights complaint under 42
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U.S.C. § 1983, arguing that defendants were deliberately indifferent to his serious medical needs.
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On March 6, 2012, the court dismissed some defendants, and served the complaint on the
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remaining defendants. The court also denied plaintiff’s emergency motion for a preliminary
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injunction because plaintiff failed to demonstrate that he was entitled to one without notice to the
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adverse parties.
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On April 4, 2012, plaintiff filed a motion to reconsider his motion for preliminary
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injunction. On April 16, 2012, plaintiff filed a supplemental motion in support of his motion for
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a temporary restraining order. On April 25, 2012, defendants filed their opposition and a request
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for judicial notice. On May 11, 2012, Plaintiff filed his reply, and an opposition to defendants’
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request for judicial notice. Defendants’ request for judicial notice is GRANTED. Having
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Order Denying Motion for Reconsideration of Preliminary Injunction; Denying in Part and Granting in Part
Plaintiff’s Motion for Extension of Time
G:\PRO-SE\SJ.Rmw\CR.11\Henderson918PI.wpd
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reviewed the pleadings, the court DENIES plaintiff’s motion for reconsideration.
In his motion, plaintiff requests a temporary restraining order or preliminary injunction to
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order that: (1) two dislodged screws be removed from plaintiff’s clavicle; (2) plaintiff be issued
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a soft food chrono and ice for the plates in his face; and (3) plaintiff be placed back on morphine.
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Defendants argue Plaintiff’s motion is barred by a pending class action, Plata v.
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Schwarzenegger, No. C-01-1351-TEH (N.D.Cal., filed April 5, 2001). In Plata, a June 13, 2002
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Stipulation for Injunctive Relief stated that the class “consists of all prisoners in the custody of
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the CDC[R] with serious medical needs . . . .” (Req. for Jud. Not., Ex. 1, ¶ 8.) Thus, argue
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defendants, plaintiff is a member of the Plata class. (Opp. at 1-2.)
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Plaintiff baldly argues that he falls “outside” the confines of Plata. However, he does not
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offer any support to his claim. Separate individual suits may not be maintained for equitable
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relief from alleged unconstitutional prison conditions while there is a pending class action suit
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involving the same subject matter. McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir. 1991);
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Gillespie v. Crawford, 858 F.2d 1101, 1103 (5th Cir. 1988) (en banc). “Individual members of
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the class and other prisoners may assert any equitable or declaratory claims they have, but they
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must do so by urging further actions through the class representative and attorney, including
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contempt proceedings, or by intervention in the class action.” Id. Here, the Plata action involves
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the same subject matter -- adequacy of medical care -- as plaintiff’s claim here. Thus, plaintiff’s
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claim for injunctive relief may not be maintained because it falls within the subject matter of
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Plata. Plaintiff’s motion for reconsideration of his motion for a preliminary injunction is
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DENIED.
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Plaintiff has also filed a motion for extension of time to file an opposition to defendants’
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motion for summary judgment, pursuant to Federal Rule of Civil Procedure 56(d) (formerly,
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Rule 56(f)). The court notes that, on July 20, 2012 plaintiff has since filed an opposition.
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Plaintiff’s motion for an extension of time is GRANTED in part, and DENIED in part.
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To the extent plaintiff moves for additional time to obtain necessary discovery, Federal
Rule of Civil Procedure 56(d) is a device for litigants to avoid summary judgment when the
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Order Denying Motion for Reconsideration of Preliminary Injunction; Denying in Part and Granting in Part
Plaintiff’s Motion for Extension of Time
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non-movant needs to discover affirmative evidence necessary to oppose the motion. See Garrett
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v. San Francisco, 818 F.2d 1515, 1518 (9th Cir. 1987). In making a Rule 56(d) motion, a party
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opposing summary judgment must make clear “what information is sought and how it would
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preclude summary judgment.” Margolis v. Ryan, 140 F.3d 850, 853 (9th Cir. 1998); see, e.g., id.
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at 853-54 (district court correctly denied motion for continuance to engage in further discovery
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under Rule 56(d) where plaintiff did not provide any basis or factual support for his assertions
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that further discovery would lead to the facts and testimony he described, and his assertions
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appeared based on nothing more than “wild speculation”). Rule 56(d) requires that the
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requesting party show (1) it has set forth in affidavit form the specific facts it hopes to elicit from
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further discovery, (2) the facts sought exist, and (3) the sought-after facts are essential to oppose
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summary judgment. Family Home and Finance Center, Inc. v. Federal Home Loan Mortgage
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Corp., 525 F.3d 822, 827 (9th Cir. 2008). Plaintiff has not demonstrated any of these factors.
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Accordingly, plaintiff’s motion for an extension of time pursuant to Rule 56(d) is denied.
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However, because plaintiff also alleged that he needs more time to conduct discovery
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negotiations with defendants, and he has limited access to the law library, the court GRANTS
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plaintiff an extension of time to file his opposition, and deems plaintiff’s opposition, filed on
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July 20, 2012, timely.
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IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge
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Order Denying Motion for Reconsideration of Preliminary Injunction; Denying in Part and Granting in Part
Plaintiff’s Motion for Extension of Time
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
CURTIS LEE HENDERSON SR.,
Case Number: CV11-04918 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
CA DEPT OF CORRECTIONS et al,
Defendant.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 31, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
Curtis Lee Henderson H-43488
Corcoran State Prison
D3-130
P.O. Box 5242
Corcoran, CA 93212
Dated: July 31, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
CURTIS LEE HENDERSON SR.,
Case Number: CV11-04918 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
CA DEPT OF CORRECTIONS et al,
Defendant.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 31, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
Curtis Lee Henderson H-43488
Corcoran State Prison
D3-130
P.O. Box 5242
Corcoran, CA 93212
Dated: July 31, 2012
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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