Downey v. Andrews M.D. et al

Filing 29

ORDER Directing Response to Plaintiff's 20 MOTION for Reconsideration. The Court ORDERS defendants to file a response to plaintiff's motion for reconsideration and request for appointment of counsel by September 27, 2017. Plaintiff may file an optional reply by October 6, 2017; Plaintiff's motion is re-noted for 10/6/2017. Signed by Hon. James P. Donohue. (TH) (cc; Plaintiff via U.S. Mail)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DYLAN JAMES DOWNEY,
Plaintiff,

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Case No. C17-968-JCC-JPD
ORDER DIRECTING RESPONSE TO
MOTION FOR RECONSIDERATION

v.
STUART ANDREWS M.D., et al.,
Defendants.

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This 42 U.S.C. § 1983 prisoner civil rights action primarily involves medical care claims

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related to plaintiff’s prosthetic leg. Plaintiff moved for appointment of counsel at the same time

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he filed his original complaint. Dkt. 1-5. The Court served the complaint and denied the motion

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to appoint counsel without prejudice to renewing it after the case had developed further. Dkt. 7.

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Plaintiff then filed an amended complaint, which added additional factual allegations, Dkt. 17,

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and moved for reconsideration of the order denying appointment of counsel, Dkt. 20. Counsel

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for defendants has appeared but has not yet filed a responsive pleading under Federal Rule of

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Civil Procedure 12.

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Given the serious nature of plaintiff’s allegations, see, e.g., Taylor v. Plousis, 101 F.

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Supp. 2d 255, 262-63, 266, 268-69 (D.N.J. 2000) (denying defendants’ summary judgment

ORDER DIRECTING RESPONSE TO
MOTION FOR RECONSIDERATION - 1

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motion on medical care claim related to ill-fitting and deteriorating prosthesis that caused

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plaintiff pain); Berthelot v. Stadler, No. 99-2009, 2001 WL 69410, at *3 (E.D. La. Mar. 31.

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2016) (denying defendants’ summary judgment motion based on qualified immunity for medical

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indifference claim related to prosthesis), the Court ORDERS defendants to file a response to

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plaintiff’s motion for reconsideration and request for appointment of counsel, Dkt. 20, by

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September 27, 2017. Plaintiff may file an optional reply by October 6, 2017.

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The Clerk is directed to RE-NOTE plaintiff’s motion for reconsideration, Dkt. 20, for

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October 6, 2017, and to send copies of this order to the parties and to the Honorable John C.

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Coughenour.

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Dated this 14th day of September, 2017.

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A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DIRECTING RESPONSE TO
MOTION FOR RECONSIDERATION - 2