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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 DYLAN JAMES DOWNEY, Plaintiff, 9 10 11 Case No. C17-968-JCC-JPD ORDER DIRECTING RESPONSE TO MOTION FOR RECONSIDERATION v. STUART ANDREWS M.D., et al., Defendants. 12 13 14 This 42 U.S.C. § 1983 prisoner civil rights action primarily involves medical care claims 15 related to plaintiff’s prosthetic leg. Plaintiff moved for appointment of counsel at the same time 16 he filed his original complaint. Dkt. 1-5. The Court served the complaint and denied the motion 17 to appoint counsel without prejudice to renewing it after the case had developed further. Dkt. 7. 18 Plaintiff then filed an amended complaint, which added additional factual allegations, Dkt. 17, 19 and moved for reconsideration of the order denying appointment of counsel, Dkt. 20. Counsel 20 for defendants has appeared but has not yet filed a responsive pleading under Federal Rule of 21 Civil Procedure 12. 22 Given the serious nature of plaintiff’s allegations, see, e.g., Taylor v. Plousis, 101 F. 23 Supp. 2d 255, 262-63, 266, 268-69 (D.N.J. 2000) (denying defendants’ summary judgment ORDER DIRECTING RESPONSE TO MOTION FOR RECONSIDERATION - 1 1 motion on medical care claim related to ill-fitting and deteriorating prosthesis that caused 2 plaintiff pain); Berthelot v. Stadler, No. 99-2009, 2001 WL 69410, at *3 (E.D. La. Mar. 31. 3 2016) (denying defendants’ summary judgment motion based on qualified immunity for medical 4 indifference claim related to prosthesis), the Court ORDERS defendants to file a response to 5 plaintiff’s motion for reconsideration and request for appointment of counsel, Dkt. 20, by 6 September 27, 2017. Plaintiff may file an optional reply by October 6, 2017. 7 The Clerk is directed to RE-NOTE plaintiff’s motion for reconsideration, Dkt. 20, for 8 October 6, 2017, and to send copies of this order to the parties and to the Honorable John C. 9 Coughenour. 10 Dated this 14th day of September, 2017. 11 A 12 JAMES P. DONOHUE Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 ORDER DIRECTING RESPONSE TO MOTION FOR RECONSIDERATION - 2

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