United States District Court, D. Kansas
WYATT J. ELLISON, Plaintiff,
N. C. ENGLISH, et al., Defendants.
MEMORANDUM AND ORDER
CROW U.S. SENIOR DISTRICT JUDGE.
Wyatt J. Ellison, a federal prisoner at the U.S. Penitentiary
in Leavenworth, Kansas (“USP-Leavenworth”),
brings this prose civil rights action pursuant to
Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971). He proceeds in forma
Ellison's Amended Complaint (ECF No. 10) alleges the
defendants have been deliberately indifferent to
Plaintiff's medical needs in violation of the Eighth
Amendment. Plaintiff names as defendants N.C. English, Warden
of USP-Leavenworth; J. Blevins, Medical Administrator,
USP-Leavenworth; Dr. Quyam, ophthalmologist contracted with
USP-Leavenworth; and Dr. Aulepp, Clinical Director for
USP-Leavenworth Medical Department.
to the Amended Complaint and Plaintiff's Sworn Statement
included with ECF No. 2, Plaintiff suffers from a tear duct
problem with his left eye. While housed at USP-Atwater in
California, he had five surgical procedures on the eye. Upon
his transfer to USP-Leavenworth, he immediately requested
medical attention due to severe pain and irritation of his
seeing Dr. Quyam several times, Dr. Quyam attempted to refer
Plaintiff to specialist surgeon to evaluate surgical
treatment options due to ongoing problems with the eye. The
Health Services Committee at USP-Leavenworth, on which
Defendant Aulepp and Blevins sit, denied the referral, noting
Plaintiff's history of multiple surgeries with minimal
improvement and finding the referral was “not
clinically indicated at this time.” ECF No. 2 at 16.
The Committee directed Plaintiff to “follow-up as
needed” with the health services staff at
USP-Leavenworth based on the recommendations of Dr. Quyam.
alleges he has suffered severe pain, optic nerve damage,
glaucoma, thinning and fragility of the eye skin, and
cataracts resulting from the denial of medical care.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an officer or
an employee of a governmental entity. 28 U.S.C. §
1915A(a). The Court must dismiss a complaint or portion
thereof if a plaintiff has raised claims that are legally
frivolous or malicious, that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
Court finds that the proper processing of Plaintiff's
claims cannot be achieved without additional information from
appropriate officials of USP-Leavenworth. See Martinez v.
Aaron, 570 F.2d 317 (10th Cir. 1978); see also Hall
v. Bellmon, 935 F.2d 1106 (10th Cir. 1991). Accordingly,
the Court orders the appropriate officials to prepare and
file a Martinez Report. Once the report has been
received, the Court can properly screen Plaintiff's
claims under 28 U.S.C. § 1915.
IS THEREFORE ORDERED BY THE COURT
clerk of court shall effectuate service of summonses pursuant
to Fed.R.Civ.P. 4(i), at no cost to Plaintiff. The report
required herein shall be filed no later than sixty (60) days
from the date of this Order, and the answer shall be filed
within thirty (30) days following the receipt of that report
by counsel for Defendants.
Officials responsible for the operation of USP-Leavenworth
are directed to undertake a review of the subject matter of
a. To ascertain the facts and circumstances;
b. To consider whether any action can and should be taken by
the institution to resolve the subject matter of the
c. To determine whether other like complaints, whether
pending in this Court or elsewhere, are related to this