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Murrell v. Zeon

United States District Court, S.D. Texas, Houston Division

June 3, 2019

GETZELL JOHNSON MURRELL, TDCJ-CID #1954144 Plaintiff,
v.
DR. ZANE YOUNG ZEON, ET AL., Defendants.

          MEMORANDUM ON DISMISSAL

          ALFRED H. BENNETT, UNITED STATES DISTRICT JUDGE

         Getzell Johnson Murrell, an inmate of the Texas Department of Criminal Justice -Correctional Institutions Division, sued in July 2018, alleging civil rights violations resulting from a denial of adequate medical care. Murrell, proceeding pro se, sues Zane Young Zeon, physician; Stephanie M. Oliver, physician's assistant; Jacklyn Fisher, registered nurse; Lin Neal, registered nurse; Jasmine Fisher, licensed vocational nurse; and Jamie Williams, Senior Healthcare Practice Manager.

         The threshold issue is whether Murrell's claims should be dismissed as frivolous. The Court concludes that Murrell's claims lack merit and should be dismissed for the reasons stated below.

         I. Murrell's Allegations

         In his original complaint, Murrell sued twenty-seven prison officials. Murrell presented various claims relating to the conditions of his confinement at the Wynne Unit. He complained of the denial of adequate medical care, the denial of adequate dental care, and the exposure to unsanitary living conditions. The original complaint filed by Murrell made allegations against numerous defendants and involved more than one transaction. By naming multiple defendants and including numerous transactions, Murrell's complaint did not comport with Rule 18 and Rule 20 of the Federal Rules of Civil Procedure. See 6A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 15 83 (2d ed. 1990) (noting that, under Rules 18(a) and 20, if the claims arise out of different transactions and do not involve all defendants, joinder should not be allowed).

         In an order entered on November 8, 20:8, this Court ordered that Murrell's original complaint, (Docket Entry No. 1), be stricken from the record. (Docket Entry No. 3). This Court ordered Murrell to file an amended complaint in this case by December 19, 2018, using the attached forms. Murrell filed his amended complaint on December 18, 2018. (Docket Entry No. 8).

         Murrell states that he had previously been diagnosed with "Pernicious anemia (a vitamin B12 deficiency)" and prescribed the medicine Cyanocobalamin. Murrell states that Dr. Zeon is the chief medical officer at the Wynne Unit infirmary. Dr. Zeon reviewed Murrell's Federal Bureau of Prison (FBOP) medical records and his medical records from St. Anthony's Hospital in Oklahoma City, Oklahoma. Murrell asserts that Dr. Zeon ordered that Murrell's "Pernicious anemia" should be treated with Cyanocobalamin injections every twenty-eight days. Murrell complains that Dr. Zeon delegated his authority to Stephanie Oliver, Jacklyn Fisher, Lin Neal and Jasmine Fisher to treat Murrell's medical condition. Murrell asserts that Physician's Assistant Oliver is first in command at the Wynne Unit infirmary, and Nurse Jacklyn Fisher is second in command. Murrell complains that Stephanie Oliver, Jacklyn Fisher, Lin Neal and Jasmine Fisher ignored the medical instructions of Dr. Zeon and did not provide Murrell the necessary Cyanocobalamin injections as prescribed. Murrell claims that they knew that Dr. Zeon had not cancelled the prescribed Cyanocobalamin injections.

         Murrell alleges that Jamie Williams is employed by the University of Texas Medical Branch as the senior practice nurse, and UTMB delegated its authority to her to respond to medical grievances and provide a remedy if necessary. Murrell advised Jamie Williams that he was being deprived of Cyanocobalamin by Oliver, Jacklyn Fisher, Lin Neal, and Jasmine Fisher for non-medical reasons. Murrell asserts that Williams made misrepresentations such as:

         (1) "You did not have a current order for B12 injection," even though the prescribing doctor had never entered a cancellation order;

         (2) "[Y]ou missed April injection," even though Murrell was never scheduled or provided a lay-in;

         (3) "Treatment was delayed in the month of October due to power outage," even though he was never provided the medical injection; and

         (4) "[W]hile [you] have a right to treatment [you] do not have a right to when medication is scheduled."

         (Docket Entry No. 8, p. 11).

         Murrell states that he has been examined on several occasions, and he was prescribed: medical footwear; wrist supports; compression stockings; a four-hour work restriction; a no-bending-below-the-waist restriction; a bottom-bunk pass; and a bottom-floor restriction. He was also prescribed the following medications: the Cyanocobalamin; Naproxen; Meclizine; Nortriptyline; Meloxicam; and Acetaminophen. Murrell states that he received Cyanocobalamin injections on the following dates:

         (1) March 7, 2016;

         (2) May 8, 2016;

         (3) September 26, 2016;

         (4) December 22, 2016;

         (5) April 5, 2017;

         (6) May 21, 2017;

         (7) December 6, 2017;

         (8) February 1, 2018;

         (9) March 7, 2018; and

         (10) April 25, 2018.

(Docket Entry No. 13, pp. ...


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