Kendall v. Murray et al

Filing 26

Chief Judge Patti B. Saris: ORDER entered conditionally granting 21 Motion to Appoint Counsel. The Clerk shall issue summons for service of the Amended Complaint on defendants Spaulding, Couch and Tidwell and the Plaintiff shall ensure that summo nses and copies of the Amended Complaint are served on defendants Spaulding, Couch and Tidwell in accordance with Rule 4. The Clerk shall schedule a hearing on the motion for injunctive relief and arrange for Plaintiff to participate in such hearing via video conference. The Clerk shall indicate legal mail on any envelope that is mailed to Plaintiff at FMC Devens. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
STEVEN N. KENDALL,
Plaintiff,

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v.
DOCTOR MURRAY, et al.,
Defendants.

Civ. Action No. 18-10141-PBS

ORDER
April 5, 2018
SARIS, C.D.J.
On February 27, 2018 the defendants filed a Renewed
Opposition to Plaintiff’s Motion for Injunctive Relief in
response to this Court’s February 13, 2018 directive that it be
filed under oath.

See Docket No. 13.

On March 2, 2018, Plaintiff filed an Amended Complaint,
albeit in two parts, in response to this Court’s February 13,
2018 directive that he file an amended complaint.

The Clerk

will be directed to issue summons for service of the amended
complaint (Docket Nos. 16, 17) on the Warden, Mrs. Couch and Mr.
Tidwell.
Plaintiff subsequently filed a motion for appointment of
counsel.

See Docket No. 21.

He also filed a one-page letter

stating (1) that his legal mail is being opened; and (2) asking
that the mailing envelopes from the Court specify “legal mail”
or the judge’s name as sender.

See Docket No. 20.

Plaintiff

also filed a letter concerning his efforts to exhaust his
administrative remedies.

See Docket No. 19.

More recently he

filed letters seeking the status of his case as well as
reporting on a recent fall he had in the shower and new
complications concerning his hematoma.

See Docket Nos. 22 – 24.

Defendants filed a Response to Plaintiff’s Letters and
Supplemental Opposition to Motion for a Temporary Restraining
Order.

See Docket No. 25.

Accompanying Defendants’ Response is

an affidavit by Dr. Yeh, albeit undated.

Id.

Apparently,

Plaintiff was examined by Dr. Murray on March 26, 2018, and
nothing suggested that any of Plaintiff’s medical issues or
concerns have worsened.

Id.

With respect to the stoma,

Plaintiff has been moved to a single cell and continues to selfcatheterize himself.

Id.

With regard to Plaintiff’s request

for a cane, the Response states that “[p]hysical therapy does
not feel it is appropriate to issue Plaintiff a cane at this
time” and that Plaintiff “was recently transitioned to a new
prosthetic leg [and the staff is working to train him on this].”
Id.

It also states that “Plaintiff is non-compliant with use of

his right knee brace when ambulating.”

Id.

Based on the foregoing, it is hereby Ordered that:
1. The Clerk shall issue summons for service of the Amended
Complaint on defendants S. Spaulding, Couch and Tidwell.
2. The Plaintiff shall ensure that summonses and copies of the
Amended Complaint are served on defendants Spaulding, Couch
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and Tidwell in accordance with Rule 4 of the Federal Rules of
Civil Procedure. Because the Plaintiff is proceeding in forma
pauperis, he may ask the United States Marshals Service to
complete service, with all costs to be advanced by the United
States. However, the Plaintiff is responsible for providing
the United States Marshals Service with all documents for
service, including an original and copy of the summons for
each defendant, a copy of the Amended Complaint for each
defendant, and a completed “Process Receipt and Return” form
(USM-285) for each Defendant, in which the Plaintiff will
indicate the address at which the Defendant is to be served.
The Clerk shall provide the Plaintiff with the “Process
Receipt and Return” form and a courtesy copy of the Amended
Complaint (parts 1 and 2).
3. The Clerk shall indicate “legal mail” on any envelope that is
mailed to Plaintiff at FMC Devens.
4. The motion (Docket No. 21) for appointment of counsel is
conditionally granted. The Pro Bono Coordinators are
directed to look for pro bono counsel to represent
Plaintiff. If counsel has not been appointed within 60
days, the Pro Bono Coordinators shall update the Court on
the status of the search for pro bono counsel for the
Plaintiff. If the Pro Bono Coordinators are unable to find
counsel for the Plaintiff, the Plaintiff will be required
to represent himself.
5. The Clerk shall schedule a hearing on the motion for
injunctive relief and arrange for Plaintiff to participate
in such hearing via video conference.
SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

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