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Cortinas v. McCabe

United States District Court, E.D. California

November 6, 2017

LARRY WILLIAM CORTINAS, Plaintiff,
v.
CONALL MCCABE, et al., Defendants.

         ORDER 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, 38)

          MICHAEL J. SENG, UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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.

         Pending 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 No. 38).

         I. Plaintiff's Allegations[1]

         Plaintiff 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.

         At some 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.

         On 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.

         In June 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.

         On 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.”

         Later 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.”

         Plaintiff seeks damages and “medical treatment that meets the community medical standards.”

         II. Plaintiff's Motions

         A. Motion for Preliminary Injunction and/or Protective ...


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