Saunders v. Crow et al

Filing 7

ORDER directing Clerk to prepare process for each dft and deliver process to the US Marshal. USM shall serve process upon each dft. Each dft should file a response to plf's allegations in accordance with the Fed Rules of Civil Procedure. Signed by Chief Judge Robert J. Conrad, Jr on 7/3/2012. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:12-cv-60-RJC
RYAN SCOTT SAUNDERS,
Plaintiff,
v.
JOHN CROW, SORRELL
SAUNDERS, NC DEPT. OF
CORR.
Defendants.

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ORDER

THIS MATTER is before the Court upon initial review of Plaintiff’s Complaint filed
under 42 U.S.C. § 1983. (Doc. No. 1).
According to Plaintiff’s complaint, he is a North Carolina prisoner in custody in the
Lincoln County Correctional Center.1 While housed at Scotland Correctional Plaintiff broke two
of his fingers in 2011, and suffered damage to the ligaments in his fingers. Plaintiff made several
requests to prison staff for medical treatment of his injured fingers but was refused. Plaintiff
participated in the grievance process in an effort to secure medical attention but medical
treatment was again refused. After continued attempts to access medical care, Plaintiff was
transferred from Scotland Correctional to Dan River Correctional where Plaintiff again requested
medical attention but was refused. Plaintiff and his family pressed the issue and he was
thereafter transferred to his present location in Lincoln County Correctional. Plaintiff states that
as of the date he filed his complaint, May 21, 2012, he has not received the necessary medical

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The Court will omit the word alleged in this overview of Plaintiff’s complaint for ease
of reading. Plaintiff’s allegations are taken as true at this stage of the litigation.
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treatment. (Doc. No. 1 at 3).
Plaintiff also contends that a filling fell out of one of his teeth in March or April, 2012,
and this, he believes, has caused him headaches and a swollen jaw. Plaintiff states that he was
taken by prison authorities to a dentist, and was informed that the course of prescribed treatment
was to pull the tooth out. (Id. at 5).
In his prayer for relief, Plaintiff is seeking “undisclosed compensation from the
Department of Correction for violation of my civil rights.” (Id. at 4). Plaintiff is asking for
compensation for any surgery that may be required to repair his fingers and “medical attention
from a Sport Surgeon to properly address surgery if needed at the expense of the Department of
Correction.” (Id.). In addition, Plaintiff is seeking medical attention for his tooth.
The allegations in Plaintiff’s complaint, taken as true at this stage, set forth a colorable
claim of deliberate indifference to Plaintiff’s medical needs, and a resulting lingering injury.
Upon a review of Plaintiff’s allegations, the Court finds that defendants should be required to
respond to Plaintiff’s complaint.
IT IS, THEREFORE, ORDERED that:
1.

The Clerk of Court shall prepare process for each of the defendants named in

Plaintiff’s Complaint and deliver the process to the U.S. Marshal;
2.

The U.S. Marshal shall serve process upon each of the defendants;

3.

Each of the defendants should file a response to Plaintiff’s allegations in

accordance with the Federal Rules of Civil Procedure; and
4.

The Clerk of Court shall send a copy of this Order to Plaintiff.

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Signed: July 3, 2012

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