Sierra-Lopez, Kevin et al v. Lamarca, Michael et al

Filing 33

ORDER that if plaintiff Kevin Sierra-Lopez seeks to pursue his request for a preliminary injunction, his proposed findings of fact are due on or before April 24, 2019. If he fails to submit these factual findings, the court will deny his motions for preliminary injunction as moot and set this matter over for a preliminary pretrial scheduling conference. Signed by District Judge William M. Conley on 4/3/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
KEVIN SIERRA-LOPEZ,
Plaintiff,

OPINION AND ORDER

v.
17-cv-599-wmc
MICHAEL LAMARCA, NURSE BARB,
CAPT. MILLER, DENISE VALERIOUS,
DR. SYED, JOLINDA WATERMAN, NURSE
R. FELDMAN, and DR. S. MCARDLE,
Defendants.
In a prior opinion and order, the court granted pro se plaintiff Kevin Sierra-Lopez
leave to proceed on an Eighth Amendment medical care claim as an inmate in the custody
of the Wisconsin Department of Corrections. The defendants are all employees of the
DOC working at Columbia Correctional Institution (“CCI”) or Wisconsin Secure
Placement Facility (“WSPF”). In that same decision, the court directed defendants to
respond to plaintiff’s motions for preliminary injunction, specifically requesting that
defendants describe Sierra Lopez’s current medical treatments for his ongoing pain and
any attempts to secure treatment by a urologist. (Dkt. ##17, 20.)
Defendants have since timely responded with a brief and declaration of Jolinda
Waterman, WSPF’s Health Services Manager, detailing medical care provided to SierraLopez for alleged ongoing pain caused by self-harm injuries to his penis and arm, including
recent and upcoming appointments with specialists outside of the prison system. (Defs.’
Br. (dkt. #31); Waterman Decl. (dkt. #32).) At minimum, these submissions suggest that
defendants are now adequately addressing Sierra-Lopez’s current medical needs, rendering

any preliminary injunctive relief unwarranted.
If plaintiff disputes defendants’ account, however, he may pursue his motion for
preliminary injunction by filing proposed findings of facts with supporting evidence,
consistent with the court’s procedure to be followed on motions for injunctive relief, which
is attached to this order. Any submission will be due on or before April 24, 2019. After
reviewing plaintiff’s submission, the court will determine whether a further response from
defendants is warranted and will set a hearing if necessary.

ORDER
IT IS ORDERED that if plaintiff Kevin Sierra-Lopez seeks to pursue his request for
a preliminary injunction, his proposed findings of fact are due on or before April 24, 2019.
If he fails to submit these factual findings, the court will deny his motions for preliminary
injunction as moot and set this matter over for a preliminary pretrial scheduling conference.
Entered this 3rd day of April, 2019.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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