Chapman V. Federal Bureau of Prisons, et al

Filing 110

ORDER based on the information provided in the joint status report coupled with the fact that the Plaintiff is now housed at a Level 3 Care Facility in Terre Haute, Indiana, the Plaintiffs Emergency Motion to Enforce Agreement ECF No. 84 and Re newed Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction ECF No. 91 are DENIED WITHOUT PREJUDICE. It is FURTHER ORDERED that the hearing set for November 24, 2015 is hereby VACATED. A written order on the remaining, pending motions will be issued in the near future, by Judge Wiley Y. Daniel on 11/10/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-00279-WYD-KLM
SEIFULLAH CHAPMAN,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS;
WARDEN JOHN OLIVER, in his official capacity;
FRANKIE CORDOVA, MD, individually and in his official capacity;
GEORGE SANTINI, MD, individually and in his official capacity;
ANTHONY OSAGIE, PA, individually and in his official capacity;
RONALD CAMACHO, PA, individually and in his official capacity,
Defendants.

ORDER

THIS MATTER comes before the Court on the parties Joint Status Report (ECF
No. 109), filed November 6, 2015.
Pursuant to my order at the October 30, 2015 hearing, on November 6, 2015,
the parties submitted a joint status report. In the report, the parties indicated the
following:
On November 2, 2015, Plaintiff and his counsel met with Defendants’
counsel at USP Florence to discuss and formulate a mutually agreeable
plan of action to address Plaintiff’s medical care. In attendance were
Associate Warden Dominic John, Associate Warden Freddie Garrido,
Senior Attorney Advisor Clay Cook, Dr. David Oba, Assistant Health
Services Administrator Roberto Gomez, Registered Nurse William
Chavez, and Brian McPherson from Food Services.
The parties had a frank discussion about the issues surrounding Plaintiff’s
diabetes treatment. These included the importance of coordinated timing

of delivery of meals and insulin, the number and frequency of refills for
diabetes testing supplies (lancets and test strips), the method and
frequency of testing Plaintiff’s blood sugar by medical staff, the
requirement to follow Bureau of Prisons nursing protocols in the event of
low blood sugar measurements, and the need for increased
communication between medical staff, Plaintiff, and other prison staff in
order to provide Plaintiff with predictability in his insulin delivery regimen.
The parties agreed on a plan, based on the issues outlined above, to
ensure adequate medical care and treatment for Mr. Chapman while in the
custody of the Bureau of Prisons.
(ECF No. 109 at 2-3). The report also indicated that Plaintiff was transferred to USP
Terre Haute on November 6, 2015.
Accordingly, it is
ORDERED that based on the information provided in the joint status report
coupled with the fact that the Plaintiff is now housed at a Level 3 Care Facility in Terre
Haute, Indiana, the Plaintiff’s Emergency Motion to Enforce Agreement (ECF No. 84)
and Renewed Motion for Temporary Restraining Order and/or Motion for Preliminary
Injunction (ECF No. 91) are DENIED WITHOUT PREJUDICE. It is
FURTHER ORDERED that the hearing set for November 24, 2015 is hereby
VACATED. A written order on the remaining, pending motions will be issued in the
near future.
Dated: November 10, 2015
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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