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Michael Corbett v. R. Michael Hawkins

November 1, 2012

MICHAEL CORBETT, PLAINTIFF,
v.
R. MICHAEL HAWKINS, ET AL.,
DEFENDANTS.



ORDER AND FINDINGS & RECOMMENDATIONS

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Before the court is defendants' motion to dismiss. Plaintiff opposes the motion.

FACTUAL ALLEGATIONS

In the operative first amended complaint ("FAC") filed July 12, 2011, plaintiff claims he suffers from a variety of ailments, including hypogonadism, osteopenia, neuropathy, hyperlipemia, chronic back pain, chronic neck pain, chronic shoulder pain, and psoriasis. Prior to his arrival at Mule Creek State Prison ("MCSP"), plaintiff had standing prescriptions for AndroGel cream for his hypogonadism, Calcium with Vitamin D for his osteopenia, fish oil and Niacin for his hyperlipemia, Neurontin and Ultram for his neuropathy, and Fluocinonide and Ketoconazole shampoo for his psoriasis. Plaintiff also had chronos for a lower bunk and a soft shoe.

On January 30, 2009, plaintiff arrived at MCSP where he alleges defendants Dr. Michael Hawkins, Dr. Sahir Naseer, R.N. McAlister, and Physical Therapist Stan Schlachter violated his constitutional rights:

1. Allegations as to Dr. Michael Hawkins

a. AndroGel Cream

Upon his arrival at MCSP, plaintiff was seen by Dr. Hawkins, who prescribed an injectable form of testosterone to replace plaintiff's AndroGel cream, even after plaintiff informed Dr. Hawkins that the injectable form does not work for him. Dr. Hawkins then referred plaintiff to an endocrinologist, non-party Dr. Rodger Long, who on June 29, 2009 recommended that plaintiff be switched back to the AndroGel cream.

On January 6, 2010, plaintiff filed an inmate grievance because he had yet to be transitioned to the AngroGel cream.

On February 4, 2010, Dr. Hawkins interviewed plaintiff regarding the grievance and granted plaintiff's request for the AndroGel cream.

On March 3, 2010, plaintiff re-submitted the grievance to the second level of review because he had still not received the AndroGel cream.

On March 24, 2010, his grievance was denied at the second level of review by an individual not a party to this suit on the basis that the California Prison Health Care Services ("CPHCS") had reclassified the AndroGel cream and thus it was no longer available for distribution.

Plaintiff claims Dr. Hawkins was aware that the injection of testosterone had not worked for him in the past, and that plaintiff has suffered unnecessary pain and developed a new condition as a result of the regular testosterone injections.

b. Other Allegations

On April 13, 2010, Dr. Hawkins saw plaintiff and, instead of examining him or addressing his medical needs, asked plaintiff about his religious background.

On an unspecified date, Dr. Hawkins pulled all of plaintiff's chronos without examining him. Plaintiff claims Dr. Hawkins falsified an exam.

2. Allegations as to Dr. Sahir Naseer

On March 19, 2011, plaintiff was seen by Dr. Christopher Smith, who prescribed Ketoconazole shampoo for everyday use for plaintiff's psoriasis.

On April 8, 2011, plaintiff began experiencing muscle spasms. A nurse who examined plaintiff asked Dr. Naseer for methocarbamol for the spasms. Dr. Naseer allegedly denied the request on the ground that plaintiff had an upcoming medical appointment.

On April 19, 2011, plaintiff was seen by Dr. Naseer, who refused to give plaintiff a chrono to shower everyday in order to apply the Ketoconazole shampoo. Dr. Naseer allegedly told plaintiff to simply shower in the sink, which plaintiff said was made difficult by his neuropathy (lower back pain, neck pain, and shoulder pain). Dr. Naseer then denied that plaintiff had neuropathy and threatened to take away plaintiff's pain medication and medical chronos in retaliation for an unrelated lawsuit that plaintiff had filed.

Plaintiff immediately filed an inmate grievance concerning Dr. Naseer's denial of a shower chrono and his threats.

On April 20, 2011, plaintiff was called to the medical line where he saw Dr. Naseer holding the grievance. Plaintiff then realized that Dr. Naseer knew about plaintiff's complaints as to him. When plaintiff turned to walk away, Dr. Naseer called out, "I've already [examined] you, you can go." Plaintiff claims Dr. Naseer falsified a medical report when he claimed to have examined plaintiff but did not in fact examine him. Dr. Naseer also allegedly determined that plaintiff did not need any chronos.

On April 22, 2011, plaintiff had another appointment with Dr. Naseer. Plaintiff claims that in retaliation for the grievance that plaintiff filed against him, Dr. Naseer told plaintiff that he was going to pull plaintiff's neuropathy medication. There ...


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