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Bonga v. Abdellatif

United States District Court, E.D. Michigan, Southern Division

December 11, 2017

JEFFREY LEE BONGA, Plaintiff,
v.
BADAWI ABDELLATIF, M.D., et al., Defendants.

          Sean F. Cox, District Judge.

          OPINION AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO AMEND COMPLAINT (DE 36) AND STRIKING PROPOSED AMENDED COMPLAINT (DE 37)

          ANTHONY P. PATTI, UNITED STATES MAGISTRATE JUDGE.

         I. OPINION

         A. The alleged events of 2009 through September 2016 concerning six defendants.

         Plaintiff Jeffrey Lee Bonga (#271635) is currently incarcerated at the Michigan Department of Corrections (MDOC) St. Louis Correctional Facility (SLF). (DE 26 at 4.) On October 13, 2016, while incarcerated at the MDOC's Alger Correctional Facility (LMF) in Michigan's upper peninsula, Plaintiff filed the instant lawsuit, pro se, against six defendants: (1-4) Kenneth Jordan, Victor Dominguez-Bem, M.D., Kyle Ploehn, P.A., and Margaret Ouellette, P.A., each of Lakeland Correctional Facility (LCF); (5) Badawi Abdellatif, M.D., of Macomb Correctional Facility (MRF) and (6) William C. Borgerding, whose location is not provided. (DE 1 ¶¶ 8-13; see also DE 11, DE 17.) The alleged events begin in 2009 - continue through his March 2015 transfer from LCF to MRF, through his May 2016 transfer to Muskegon Correctional Facility (MCF), and through his July 2016 transfer to LMF - and conclude in September 2016. (DE 1 ¶¶ 20-38.)

         According to Plaintiff, Harish Rawal, M.D. performed a “cervical 5 through 7 anterior fusion” on April 24, 2012. (DE 1 ¶ 24.) Plaintiff s claims against Defendants Jordan, Ploehn, Ouellette and Dominguez-Bem appear to relate to treatment for Plaintiffs back pain at LCF between February 2013 and February 2015. (DE 1 ¶ 26.) Plaintiffs claims against Defendant Abdellatif appear to relate to the events between March and August 2015 at MRF. (DE 1 ¶¶ 28-29.) Finally, Plaintiffs claims against Defendant Borgerding appear to relate to the events of September 2016, while Plaintiff was incarcerated at LMF. (DE 1 ¶ 38). Plaintiff sues Defendants in their individual and official capacities, alleging “denial of medical care.” (DE 1 ¶¶ 14-19, 39-46.) He seeks declaratory, injunctive, compensatory and punitive relief. (DE 1 at 13.)

         B. There are multiple pending motions, one of which seeks to amend the original complaint.

         Judge Cox has referred this case to me for all pretrial proceedings. (DE 9.) Currently before the Court are several motions:

• the remainder of Plaintiff s October 13, 2016 motion for preliminary injunction (DE 3) following the Court's order adopting and accepting my report & recommendation in part and returning the matter to me in part (DE 33, DE 59)
• Plaintiffs motion to amend complaint (DE 36), along with the simultaneously-filed proposed first amended complaint (DE 37)
• Defendants Dominguez-Bem, Ouellette, and Ploehn's motion for summary judgment based solely on the failure to exhaust administrative remedies (DE 43), regarding which a response and a reply have been filed (DEs 50, 54, 62)
• Defendant Borgerding's motion for summary judgment (DE 52), which has been fully briefed (DEs 53, 60, 61)
• Defendant Jordan's motion to dismiss and/or for summary judgment (DE 56), which has been fully briefed (DEs 57, 58, 63, 64)

         This report addresses Plaintiffs motion to amend.

         C. Fed.R.Civ.P. 15 (ÔÇťAmended and ...


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