Deal, Sr. v. Hassan et al

Filing 13

ORDER denying 10 Motion for Injunction. Signed by Chief Judge Robert J. Conrad, Jr on 2/13/2013. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-733-RJC
ROGER LEE DEAL, SR.,

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Plaintiff,
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v.
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FNU HASSAN, Camp Doctor,
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UTILIZATION REVIEW BOARD STAFF,
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ET AL.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER comes before the Court on Plaintiff’s “Pro Se Motion for Injunction,”
(Doc. No. 10), filed on January 23, 2013.
In this action filed on November 5, 2012, Plaintiff, a state court inmate currently
incarcerated at Lanesboro Correctional Institution in Polkton, North Carolina, purported to bring
a claim for deliberate indifference to serious medical needs against prison doctor Sami Hassan
and the “Utilization Review Board Staff” (i.e., the North Carolina Department of Correction
Utilization Review Board) based on the following factual allegations in the Complaint:
I was sent to Dr. Price Jr. (neurosurgeon) who did a back fusion on L4-L5 in
2007. I was hurt were [sic] I was kick[ed] in the back by a inmate and told him
that the methadone that I am on has cause[d] me to file a medical emergenc[y] on
several occasion were I had a fast heart rate and though[t] I was going to have a
heart attack. Doctor Price order M.S. Cotton 30 mg and to be sent back to a
neurologist. The U.R. board deny them both. Such conduct amounts to deliberate
indifference. Officials may not substitute their judgment for a medical
professional’s prescription or order. Similarly, a medical official who has also
only general knowledge about a particular field of medicine may not substitute
her judgment for that of a specialist. The warning on side effects say warning
may cause fatal heart problems.
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(Doc. No. 1 at 4). As requested relief, Plaintiff states:
I need a[n] injunction to make them follow the specialist order to change my
prescription and to be seen by a neurologist. Enter judgment in favor of plaintiff
for nominal compensatory, and punitive damages as allowed by law against each
defendant. Order such additional relief as this court order may deem just and
proper, nominal compensatory and punitive and injunctive relief.
(Id.).
This Court entered an Order and Judgment dismissing this action on January 2, 2013.
(Doc. Nos. 8; 9). Plaintiff filed the pending motion for an injunction on January 23, 2013, after
final judgment had already been entered in this case. In the motion for an injunction, Plaintiff
seeks an Order from the Court ordering Plaintiff to be transferred to another prison, to make the
prison follow Dr. Price’s orders, and “to quit trying to cause [him] injury or death.” (Doc. No.
10 at 1; 3). For the most part he merely restates the facts that gave rise to the purported claims in
this lawsuit that have already been dismissed. Plaintiff alleges, among other things, that the
medical staff let his Methadone medication run out; that he has tried to get the medical staff to
change his medication because of the side effects, such as a fast heart rate and breathing
difficulties; that neurosurgeon Dr. Price had told the medical staff to change his medication to
“M.S. Cotton” and that the Utilization Review Board refused to comply with Dr. Price’s
instructions; that when he was at Central Prison a guard told him that the guards were trying to
kill him; and that the “victim’s” family has also paid to have him killed.
Because the Court has already dismissed this action, the Court will deny the pending
motion for an injunction as moot. To the extent that Plaintiff has claims arising from facts that
he did not allege in this lawsuit and that this Court has not already adjudicated, Plaintiff must file
a separate Complaint in a new civil action to allege those claims.
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IT IS, THEREFORE, ORDERED THAT Plaintiff’s “Pro Se Motion for Injunction,”
(Doc. No. 10), is DENIED.

Signed: February 13, 2013

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