United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS RECOMMENDING DENIAL OF
MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING
ORDER (ECF No. 6) FOURTEEN (14) DAY DEADLINE
Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE
Rupert Flowers (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff initiated
this action on September 15, 2016, while incarcerated at
Corcoran State Prison.
September 26, 2016, Plaintiff filed a motion for preliminary
injunction and temporary restraining order. (ECF No. 6.)
December 6, 2016, Plaintiff's first amended complaint was
filed. (ECF Nos. 10.)
April 28, Plaintiff filed a Notice of Change of Address,
which indicated that he had been moved to the California
Substance Abuse Treatment Facility. (ECF No. 16.)
July 14, 2017, the Court screened Plaintiff's first
amended complaint and dismissed it with leave to amend within
thirty days. (ECF No. 7.) Plaintiff's motion for a
preliminary injunction and temporary restraining order is
currently before the Court.
II. Motion for Preliminary Injunction
seeks a preliminary injunction and temporary restraining
order “to have defendants abstain from delaying,
denying or interfering with Plaintiff's medical care that
has been prescribed by a physician and to have Plaintiff
receive septoplasty and endoscopic sinus surgery as have
already been recommended and requested by several previous
doctors.” (ECF No. 6.) In support, Plaintiff provides a
brief summary of the facts in support of his motion.
asserts that he was assaulted by prison staff on December 3,
2014, which resulted in a fractured right mandible (jaw). He
was sent to San Joaquin Community Hospital and, due to
conflicting opinions, his injury went untreated. Having no
relief from his jaw pain, additional x-rays were completed on
December 9, 2014, and indicated a right mandibular fracture.
Plaintiff was sent to San Joaquin Hospital a second time, but
the injury went untreated due to conflicting opinions. The
hospital surgeon, Dr. Michael Freeman, did warn, however,
that complications and infections could arise in the future.
in February 2015, Plaintiff began experiencing complications
such as nasal congestion, loss of smell, loss of taste,
labored breathing and headaches. On August 3, 2015, Plaintiff
underwent a CT scan, which showed infection.
October 19, 2015, Plaintiff was examined by an ear, nose, and
throat specialist, Dr. Stillwater. Dr. Stillwater confirmed
that Plaintiff's medical condition could be related to
the trauma sustained in December 2014.
December 7, 2015, Plaintiff underwent a second CT scan, which
showed pansinus disease and near complete ...