Smith v. Chaney

Filing 14

ORDER directing Defendant to respond to Plaintiff's 8 MOTION for Preliminary Injunction within 14 days of this Order. (Compliance due by 7/2/2018.) Signed by Magistrate Judge Brian K. Epps on 06/18/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
ROBERT FRANK SMITH,
Plaintiff,
v.
DAVID CHANEY, Medical Doctor,
Defendant.

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CV 318-035

ORDER
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Plaintiff, incarcerated at Telfair State Prison in Helena, Georgia, commenced the
above-captioned case pursuant to 42 U.S.C. § 1983. Because Plaintiff filed a declaration
purporting to add facts in support of his claim and incorporate by reference his original
complaint, the Court ordered him to amend his complaint to include all claims in one
document. (Doc. no. 11.) However, Plaintiff also filed a motion for preliminary injunction
and temporary restraining order alleging he is in imminent danger of severe harm as a result
of Defendant’s refusal to treat his chronic hepatitis C. (Doc. no. 8.) It is clear from the
original complaint, declaration, and motion for preliminary injunction that Plaintiff’s claims
as currently alleged pass initial screening pursuant to 28 U.S.C. § 1915A. Moreover, time is
of the essence in determining whether Plaintiff is entitled to preliminary injunctive relief
given his serious allegations. Defendant’s attorney has executed a waiver of service and
notice of appearance on Defendant’s behalf, which the Court appreciates. (Doc. nos. 12, 13.)
Accordingly, the Court ORDERS Defendant to respond to Plaintiff’s motion for a

preliminary injunction within fourteen days of this Order. Once Plaintiff files his amended
complaint as directed by the Court, the Court will formally screen that amended complaint
and provide Plaintiff and Defendant instructions on how to proceed.
SO ORDERED this 18th day of June, 2018, at Augusta, Georgia.

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