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Webb v. McDonald

United States District Court, D. South Carolina, Anderson/Greenwood Division

November 18, 2014

Thomas E. Webb, Plaintiff,
v.
HCA Nurse McDonald; Dr. Pate; Warden McCall; Nurse Ham; Dr. Drago; Nurse Fulton; Dr. Benoir, Defendants

For Thomas E Webb, Plaintiff: Robert J Butcher, LEAD ATTORNEY, Camden Law Firm, Camden, SC.

For HCA Nurse McDonald, Lee C.I., Dr Pate, Lee C.I., Warden McCall, Lee C.I., Nurse Ham, Lee C.I., Dr Drago, Defendants: Jay R Lee, LEAD ATTORNEY, Aiken Bridges, Florence, SC; Samuel F Arthur, III, LEAD ATTORNEY, James Rufus Bratton, III, Aiken Bridges Nunn Elliott and Tyler, Florence, SC.

For Nurse Fulton, Dr Benior, Defendants: Jay R Lee, LEAD ATTORNEY, Aiken Bridges, Florence, SC; Samuel F Arthur, III, LEAD ATTORNEY, Aiken Bridges Nunn Elliott and Tyler, Florence, SC.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Jacquelyn D. Austin, United States Magistrate Judge.

This matter is before the Court on a motion for summary judgment filed by Defendants. [Doc. 81.] Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial matters in cases filed under 42 U.S.C. § 1983 and to submit findings and recommendations to the District Court.

Plaintiff, proceeding pro se at the time, [1] filed this action on January 24, 2013, against Defendants HCA Nurse McDonald, Dr. Pate, Warden McCall, and Nurse Ham, alleging violations of his constitutional rights pursuant to 42 U.S.C. § 1983.[2] [Doc. 1.] Plaintiff subsequently added Defendants Dr. Drago, Nurse Fulton, and Dr Benoir. [Docs. 1-2-1-4.] Defendants filed a motion for summary judgment on May 29, 2014. [Doc. 81.] On June 16, 2014, Plaintiff's counsel, Robert Butcher (" Mr. Butcher"), filed a response in opposition to the motion for summary judgment, (a) stating he had reviewed the facts of the case, consulted with experts, and discussed the case with Plaintiff following Plaintiff's deposition, and (b) seeking to be relieved from further representation in this matter because Mr. Butcher believed he and Plaintiff were at odds with respect to how to proceed with a response to Defendants' motion for summary judgment. [Doc. 82.] Mr. Butcher also filed a motion to withdraw as attorney. [Doc. 83.] On July 21, 2014, the Court denied the motion to withdraw as attorney, but directed Mr. Butcher to remain on the case solely to assist Plaintiff with filing a pro se response to the motion for summary judgment. [Doc. 86.] A second response in opposition to the motion for summary judgment was filed on October 17, 2014[3] [Doc. 92], and a reply was filed on October 27, 2014 [Doc. 94]. The motion is ripe for review.

BACKGROUND

Plaintiff, who is in the custody of the South Carolina Department of Corrections (" SCDC") and housed at Lee Correctional Institution, has filed a bare-bones Complaint that states,

I have Hepatitis. My liver is failing. I have serious and chronic pain. Swelling of hands, legs, stomach, arms and feet. Sick but they will not provide treatment.
I got Hep-C and the defendants refuse to treat me.
I am asking for a preliminary injunction so the defendant will treat me before I die.
Li[f]e is reall[y] bad off.
Need to see specialist on liver.

[Doc. 1 at 3-4.] Plaintiff seeks intervention to force Defendants to provide Hepatitis C treatment as well as a ...


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