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Rhymes v. Rowley

United States District Court, D. Nevada

November 1, 2019

MICHAEL RHYMES, Plaintiff,
v.
C. ROWLEY, et al., Defendants.

          MICHAEL RHYMES, Plaintiff Pro Se

          AARON D. FORD Attorney General DENNIS W. HOUGH, Deputy Attorney General Attorneys for Defendants

          JOINT PRE-TRIAL ORDER

          ROBERT C. JONES UNITED STATES DISTRICT JUDGE.

         Following pretrial proceedings in this case, IT IS ORDERED: I. NATURE OF ACTION AND CONTENTIONS OF THE PARTIES

         A. NATURE OF ACTION AND IDENTIFICATION OF PARTIES

         This is an inmate civil rights action brought by Michael Rhymes, (Rhymes) pursuant to 42 U.S.C. § 1983. Rhymes is a prisoner in the custody of the Nevada Department of Corrections (NDOC), currently housed at Lovelock Correctional Center (LCC). Rhymes is serving a life sentence with possibility for parole for lewdness with a minor.

         Rhymes submitted his First Amended civil rights complaint on May 5, 2016, alleging, among other things, that: Defendants Sablica and Nevin were deliberately indifferent to Rhymes' serious medical condition by failing to provide a prescribed medication for Rhymes' type 2 diabetes.

         5. On January 26, 2014, Rhymes signed for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         6. On March 5, 2014 Rhymes requested refills on Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         7. On March 13, 2014 Rhymes was prescribed Metformin.

         8. On March 15, 2014 Rhymes signed receipt of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         9. On March 22, 2014 Rhymes requested refills for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         10. On March 23, 2014 Rhymes signed a receipt for Metformin

         11. On a date uncertain Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         12. On May 2, 2014, Rhymes signed for receipt of Metformin and Lisinopril.

         13. On May 20, 2014 Rhymes submitted a kite noting he did not receive Glipizide or Hyd roc hlorothiazide.

         14. On May 23, 2014 Rhymes signed a receipt for Metformin and Lisinopril.

         15. On May 27, 2014 Rhymes' prescriptions for Glipizide, and Hydrochlorothiazide were renewed.

         16. On May 29, 2014 at 6:00 a.m. Rhymes filed an informal grievance # 2006-29-79783 alleging he did not receive Glipizide or Hydrochlorothiazide.

         17. On May 29, 2014 Rhymes signed a receipt for Glipizide and Hydrochlorothiazide.

         18. On June 27, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide, and Lisinopril.

         19. On June 28, 2014 Rhymes signed a receipt for Glipizide, Metformin, Hydrochlorothiazide and Lisinopril.

         20. On July 28, 2014 Rhymes requested refills of Glipizide, Metformin, Hydrochlorothiazide and Lisinopril.

         (Image Omitted)

         PARTIES' PROPOSED JOINT PRETRIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(3) (JOINT PRETRIAL ORDER)

         Following pretrial proceedings in this case, IT IS ORDERED:

         I. NATURE OF ACTION AND CONTENTIONS OF THE PARTIES

         A. NATURE OF ACTION AND IDENTIFICATION OF PARTIES

         This is an inmate civil rights action brought by Michael Rhymes, (Rhymes) pursuant to 42 U.S.C. § 1983. Rhymes is a prisoner in the custody of the Nevada Department of Corrections (NDOC), currently housed at Lovelock Correctional Center (LCC). Rhymes is serving a life sentence with possibility for parole for lewdness with a minor.

         Rhymes submitted his First Amended civil rights complaint on May 5, 2016, alleging, among other things, that:

         Defendants Sablica and Nevin were deliberately indifferent to Rhymes' serious medical condition by failing to provide a prescribed medication for Rhymes' type 2 diabetes.

         B. CONTENTIONS OF THE PARTIES

         1. Plaintiff's Contentions

         Rhymes contends that Sablica failed to respond to his requests for the previously prescribed medication, and that both Sablica and Nevin were aware of the situation because he spoke to each of them personally about the failure to provide the prescribed medication.

         2. Defendant's Contentions

         Defendants contend that the evidence does not support Plaintiff's allegations. Defendants incorporate any Affirmative Defenses from the Answer as it pertains to Defendants Sablica and Nevin. Defendants deny that Plaintiff's constitutional rights have been violated.

         C. ...


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