HAMMOND v. DEPT CORRECTIONS OF PENNA/ALBION

Filing 40

ORDER that Plaintiff's undated letter is deemed by the Court to be a Motion for leave to file a supplemental complaint and a Motion for injunctive relief, and the Clerk's Office is ORDERED to file the letter as such. Plaintiff's lette r, deemed as a Motion for leave to file a supplemental complaint, is hereby GRANTED and Plaintiff's Supplemental Complaint is due by 11/1/2011. The Defendants's Response to Plaintiff's deemed Motion for injunctive relief is due by 11/10/2011. Signed by Magistrate Judge Maureen P. Kelly on 10-17-2011. A copy of the order is being mailed to Plaintiff at his address of record. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GREGORY HAMMOND,

)
)
Plaintiff,
)
)
vs.
)
)
DEPT CORRECTIONS OF PENN/ALBION, )
SCI GRATERFORD/DOC OF PA, MAXINE )
OVERTON (Health Care Administrator),
)
CHRISTINE ZIRKLE (RNS), DANIEL
)
TELEGA (Physician‟s Assistant), OFFICER )
JABLONSKI (Correction Officer),
)
MALINDA ADAMS (Superintendent),
)
)
Defendants.
)

Civil Action No. 10-267E
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
Gregory Hammond (“Plaintiff”) is a prisoner at the State Correctional Institution at
Albion (“SCI-Albion”). He has sent a two page undated letter to this Court. In the letter,
Plaintiff seeks “an injunction against the Dentist Department at SCI-Albion to compell [sic] them
to provide the much needed care for my teeth.” Correspondence at p. 2. Specifically, he
complains about, inter alia, not receiving necessary dental care on or about August 19, 2011,
when he informed the dentist about an infectious disease. Plaintiff complains that he is being
discriminated against and that he needs to have his emergent dental needs addressed
expeditiously.
The difficulty with Plaintiff‟s claim is that, in the operative Complaint filed on February
15, 2011, ECF No. [11], Plaintiff made no claims against the Dental Department at SCI-Albion
and indeed made no claims concerning his dental treatment. The general rule is that one may
not seek injunctive relief for claims not made in the operative complaint. Ball v. Famiglio, 396

F.App‟x 836, 837 (3d Cir. 2010) (“there must be „a relationship between the injury claimed in
the party's motion [for injunctive relief] and the conduct asserted in the complaint.‟”) (quoting
Little v. Jones, 607 F.3d 1245, 1251 (10th Cir. 2010)) (some internal quotations deleted); Devose
v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994) ("Devose's motion is based on new assertions of
mistreatment that are entirely different from the claim raised and the relief requested in his
inadequate medical treatment lawsuit. Although these new assertions might support additional
claims against the same prison officials, they cannot provide the basis for a preliminary
injunction in this lawsuit."); Williams v. Platt, NO. CIV-03-281, 2006 WL 149024, at *2
(W.D.Okla. Jan. 18, 2006) ("The complaint addresses two matters at the Logan County Jail . . . .
In his requests for injunctive relief, the Plaintiff addresses matters at a separate facility . . . . A
preliminary injunction would be inappropriate to address wrongs wholly unrelated to the
complaint.") (footnotes omitted).
Because Plaintiff seeks injunctive relief, concerning claims not made in the Complaint,
and against individuals who are not parties to the Complaint, the letter motion for injunctive
relief cannot be considered absent the filing of a supplemental complaint.
The Court hereby deems the letter to be a motion for leave to file a supplemental
complaint and a request for an injunction. We hereby order the Clerk‟s office to file the letter as
such. The deemed Motion for Leave to File a Supplemental Complaint is GRANTED. Plaintiff
is to file his supplemental complaint, complaining of the dental treatment, no later than
November 1, 2011. The Defendants are to file a response to Plaintiff‟s request for injunction no
later than November 10, 2011.
/s/ Maureen P. Kelly
United States Magistrate Judge

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Date: October 17, 2011
cc:

Gregory Hammond
JL-5438
SCI Albion
10745 Rt. 18
Albion, PA 16475
All counsel of record via CM/ECF

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