PAMELA L. REEVES, District Judge.
On May 20, 2016, Plaintiff Tommy Earl Jones, a pro se prisoner, filed a Complaint under 42 U.S.C. § 1983 [Doc. 2]. Over the course of the next nine months, Jones filed numerous amendments and supplements to his Complaint [Docs. 6, 8, 10-12, 14, 17-19, 21-23]. On February 22, 2017, the Court entered an Order granting Plaintiff's motion for leave to proceed in forma pauperis and screening Plaintiff's pleadings pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A [Doc. 24].
Defendants Bowen, Clement, and Ollis thereafter filed their "Motion to Dismiss, or in the alternative, Motion for Summary Judgment" [Doc. 52].
These matters are now ripe for the Court's review.
In their Motion to Dismiss or for Summary Judgment and memorandum in support, Defendants argue that Plaintiff has failed to state a claim for relief against them for refusal to prescribe pain medication [Doc. 52].
However, even if the Court were to accept Defendants' argument that the Court may consider these documents without converting the Motion to one for summary judgment, Defendants have failed to provide such documents to the Court.
Additionally, the Court clearly cannot review documents that have not been submitted into evidence. Given that the substance of Defendants' arguments for dismissal or summary judgment required consideration of such documents, the Court is unable to review Defendants' Motion on the merits at this time. Accordingly, Defendants' Motion [Doc. 52] will be
Without seeking leave of Court to leave to file an amended complaint, Plaintiff filed an additional "supplemental brief" on June 26, 2017 [Doc. 57]. Plaintiff purports to name a new defendant to this action, NECX nurse practitioner Sidney Ballard [Id.]. Plaintiff alleges that, on June 22, 2017, he was seen for "chronic care" by Ballard, who asked about the status of Plaintiff's Crohn's disease [Id.]. Plaintiff responded that his intestines were "swollen" due to an infected area of his ileum, that he had noticed the swelling "three weeks [prior] while in the kitchen," and that he had been scheduled for surgery in 2009 [Id.]. Ballard advised Plaintiff that she "would give [Plaintiff] the prednisone for 14 days 10 mg that the doctor here took me off of" [Id.]. Additionally, he advised Ballard that he had a constant headache due to stress, as well as neck, shoulder, back, and stomach pain, and asked her for ibuprofen [Id.]. Ballard advised Plaintiff to "see a psychiatrist" for his stress and informed Plaintiff that "there is no pain medication for Crohn's disease," as pain medications make the symptoms of the disease worse [Id.]. He then asked if there was anything that he could take for pain; Ballard had another employee check a list of indigent inmates, found that Plaintiff's name was not on the list, and advised him that he could "buy something for [his] headaches or get something from mental health" [Id.]. Plaintiff maintains that Ballard is "uphold[ing] the conspiracy of silence regarding [Plaintiff's] need for surgery" for his Crohn's disease and that he was improperly denied free pain medication even though he is indigent [Id.].
Because this supplement seeks to add new claims against a new defendant, the Court construes it as a motion to amend the Complaint pursuant to Federal Rule of Civil Procedure 15(a). Although leave to amend should be "freely given where justice so requires," Fed. R. Civ. P. 15(a), a district court has discretion to deny a motion for leave to amend where the proposed claims are "simply not related to [the] original claims," Hetep v. Warren, 27 F. App'x 308, 309 (6th Cir. 2001).
Upon review of the Motion, the Court finds insufficient similarities between the claims currently being litigated in this action and Plaintiff's proposed new claims. Plaintiff has asserted Eighth Amendment claims against the current defendants, alleging that their individual medical decisions to deny his requests for pain medication constituted deliberate indifference to his medical needs. In his proposed amendment, Plaintiff alleges that Ballard was involved in a "conspiracy" to prevent him from obtaining surgery and that Ballard denied his request for ibuprofen based on her erroneous view that Plaintiff was not indigent.
In his motion for appointment of counsel, Plaintiff argues that he is unable to obtain an expert witness to testify, to adequately investigate, or to defend himself in this case involving "complex legal issues" [Doc. 56].
For the reasons set forth herein:
Defendants' Motion and supporting memorandum suggest that they intend to have the Court consider the substance of Plaintiff's medical records and grievance records at the motion to dismiss stage. The Court notes that statements contained in medical records would generally be a factual issue, subject to reasonable dispute. Although the Court makes no explicit finding as to the necessity of conversion, given that it has not yet had opportunity to review the documents in question, it notes that it is unlikely that the Court would have considered such evidence without converting the Motion to one for summary judgment.
E.D. Tenn. L.R. 26.2(b); see also CM/ECF Sealed Documents, Documentation for Attorney, available at http://tned.uscourts.gov/docs/atty_documentation.pdf (providing that attorneys are required to file the proposed sealed document along with any Motion for Leave to File Document Under Seal in CM/ECF in any unsealed civil case in the District).