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Gieck v. Levin

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 12, 2006

DENNIS MICHAEL GIECK, PLAINTIFF,
v.
MARTIN EARLE LEVIN AND AN MINH NGUYEN, DEFENDANTS.

The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

PLAINTIFF'S MOTION FOR RECONSIDERATION OF PRELIMINARY INJUNCTION AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO SUBMIT DOCUMENTATION

On October 18, 2005, Plaintiff Dennis Michael Gieck ("Plaintiff"), a state prisoner incarcerated at Calipatria State Prison (CAL) in Calipatria, California, and proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against defendants Martin Earle Levin and An Minh Nguyen ("Defendants"). (Doc. No. 1.) On December 2, 2005, Plaintiff filed a motion for a preliminary injunction, in which he sought the Court to require that certain medical tests and treatments be ordered. (Doc. No. 5.) The Court denied the motion. (Doc. No. 8.) On March 16, 2006, Defendants filed an answer (Doc. No. 15.)

On November 6, 2006, Plaintiff submitted a letter to the Court, dated November 1, 2006. On November 13, 2006, Plaintiff submitted a request to submit documentation to prove further violations of his civil rights. (Doc. No. 55.) Also on November 13, 2006, Defendants filed a motion for summary judgment. (Doc. No. 43.) On November 14, 2006, the Court ordered Defendants to respond to Plaintiff's letter, and extended the time for Plaintiff to respond to the motion for summary judgment until February 4, 2006. (Doc. Nos. 44, 45.) On November 29, 2006, Plaintiff submitted a motion for reconsideration of his motion for preliminary injunction. (Doc. No. 61.) On December 4, 2006, Defendants filed a response to Plaintiff's allegations. (Doc. No. 59.)

The Court exercises its discretion to decide the matter on the papers pursuant to Local Civil Rule 7.1(d)(1). For the following reasons, the Court DENIES Plaintiff's motion for reconsideration of his motion for preliminary injunction, and GRANTS IN PART AND DENIES IN PART Plaintiff's request to submit documentation concerning allegations of further violations of his civil rights .

Discussion

A. Motion For Reconsideration Of Motion For Preliminary Injunction

Plaintiff requests the Court grant a preliminary injunction, temporary restraining order, or court order concerning his medical treatment. After carefully reviewing the papers filed by Plaintiff and Defendants, the Court concludes that Plaintiff has not met the standards for the relief he seeks. Defendants' submissions indicate that Plaintiff is receiving medical treatment. See Declaration Of Karen M. Walter In Support Of Defendants' Response To Plaintiff's Letter Dated November 1, 2006, at 3 (memorandum of Dr. Levin). Accordingly, the Court denies Plaintiff's request for a preliminary injunction, temporary restraining order, or court order requiring medical tests and treatments be ordered. The Court suggests that Plaintiff follow the proper procedures to continue to receive medical treatment at CAL.

B. Request To Submit Documentation

Plaintiff may submit documentation of alleged further violations of his civil rights in his response to Defendants' motion for summary judgment. To the extent that Plaintiff has appropriate evidence regarding his current allegations, the Court will consider it at the appropriate time. Accordingly, the Court grants in part and denies in part Plaintiff's request to provide documentation.

Conclusion

For the reasons discussed, the Court DENIES Plaintiff's motion for reconsideration of his motion for preliminary injunction, and GRANTS IN PART AND DENIES IN PART Plaintiff's request to submit documentation to prove further violations of Plaintiff's civil rights.

IT IS SO ORDERED.

20061212

© 1992-2006 VersusLaw Inc.



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