United States District Court, E.D. California
DENYING PLAINTIFF'S MOTION TO SHORTEN TIME FOR FILING AND
HEARING MOTION; AND FINDINGS AND RECOMMENDATIONS TO: (1) DENY
PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND/OR
PROTECTIVE ORDER; (2) DENY PLAINTIFF'S MOTION FOR A COURT
ORDERED TELEPHONIC CONFERENCE; (3) DENY PLAINTIFF'S
MOTION FOR TEMPORARY RESTRAINING ORDER; AND (4) DENY
PLAINTIFF'S REQUEST FOR A PRELIMINARY INJUNCTION AND A
TEMPORARAY RESTRAINING ORDER (ECF NOS. 24, 31, 32, 35,
MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. §
1983. This case proceeds on Plaintiff's First Amended
Complaint against Defendants E. Clark, O. Beregovskaya, P.
Lenoir, and C. McCabe on an Eighth Amendment medical
indifference claim; against R. Vogel on an Eighth Amendment
excessive force claim; and against E. Clark, O. Beregovskaya,
P. Lenoir, C. McCabe, and R. Vogel on a Fourteenth Amendment
equal protection claim.
before the Court are the following motions filed by
Plaintiff: (1) a motion for preliminary injunction and/or
protective order (ECF No. 24); (2) a motion to shorten time
for filing and hearing motion (ECF No. 31); (3) a motion for
a “court order emergency circumstance[s] telephonic
conference” (ECF No. 32); (4) a motion for temporary
restraining order (ECF No. 35); and (5) a request for a
preliminary injunction and a temporary restraining order (ECF
is incarcerated in California State Prison Corcoran
(“Corcoran”). Plaintiff brings three claims for
violations of his constitutional rights against the following
individuals: (1) Connall McCabe, M.D., Chief Physician and
surgeon at Corcoran; (2) Pierrette Lenoir, M.D., physician
and Surgeon at Corcoran; (3) Olga Beregovskaya, M.D.,
physician and surgeon at North Kern State Prison; (4) E.
Clark, M.D., physician and surgeon at Corcoran; and (5)
Corcoran Correctional Sergeant Vogel.
unknown time in March 2015, Clark and Beregovskaya prescribed
Plaintiff Tylenol for his pain, and McCabe later prescribed
him Tylenol and gabapentin for his pain.
March 25, 2015, Clark, Beregovskaya, McCabe, and Lenoir, who
composed a “pain committee, ” intentionally
stopped Plaintiff's pain medication in order “to
inflict extreme pain over the next year” due to
Plaintiff's Islamic faith. Nurse Practitioner Rouch
stated that the committee members “said to live with
the pain. We do not treat Muslims. What a mess, a mentally
ill Muslim who wants to be treated humanely.” Clark,
Beregovskaya, McCabe, and Lenoir stopped Plaintiff's pain
medication without examining him, knowing that it would cause
him pain and suffering.
2015, McCabe approved gabapentin for Plaintiff's pain. In
March 2016, McCabe and Lenoir prescribed Plaintiff methadone
for his pain, allegedly because they no longer think
Plaintiff is a Muslim.
August 4, 2015, Sergeant Vogel “slammed [Plaintiff]
into a wall” while he was handcuffed, “hit [him]
twice in [his] lower back, resulting in [him] dropping to
[his] knees, then hit [him] upon the top of [his]
head.” Vogel said “die like the Muslim piece of
shit [you] are. Beregovskaya warned you about medical
appeals.” Two unknown officers then “dragged
[Plaintiff] across the floor and to the transport bus.”
that night, two officers “conducted a use of force
video.” One of them, Lieutenant Gonzales, “called
the acute care hospital” and described Plaintiff's
symptoms. “The medical personal [sic] . . . said
‘Cortinas is not to be seen by anyone in medical'
per Doctor O. Beregovskaya.”
seeks damages and “medical treatment that meets the
community medical standards.”
Motion for Preliminary Injunction and/or Protective ...