United States District Court, D. Maryland
L. HOLLANDER, UNITED STATES DISTRICT JUDGE
November 28, 2018, plaintiff Travis Terry, a self-represented
Maryland prisoner, filed a Motion for Temporary Restraining
Order and/or Preliminary Injunction, which was opened as a
civil rights complaint. ECF 1. He alleged that his
prescriptions for Baclofen and unspecified asthma medications
were discontinued. Id. Given the serious matters
raised in plaintiff's Complaint, I directed counsel for
the Maryland Department of Public Safety and Correctional
Services (“DPSCS”) to show cause why relief
should not be granted. ECF 2.
response to this Court's Order to Show Cause, counsel for
the DPSCS filed a response, supported by verified medical
records. DPSCS contends that Thompson is not entitled to a
preliminary injunction. ECF 6. Plaintiff filed an opposition
(ECF 7), along with an exhibit.
matter is now ripe for review. The Court finds a hearing
unnecessary. See Local Rule 105.6 (D. Md. 2018). For
the reasons that follow, plaintiff's request for
preliminary injunctive relief shall be denied. Because that
is the sole basis for his suit, the Complaint shall be
dismissed, without prejudice.
was detained in the Maryland Correctional
Institution-Hagerstown from August, 2016 to October 6, 2017.
During that time he was prescribed Baclofen, a muscle
relaxer, twice daily. He also received Naproxen/Naprosyn. He
states that he received the medication due to an injury he
sustained when he was incarcerated at the Upper Marlboro
Detention Center. ECF 1 at 1.
October 6, 2017, plaintiff was transferred to the Maryland
Correctional Training Center. Id. At that time, his
morning dose of Baclofen was discontinued. Id.
January 23, 2018, plaintiff was evaluated by Dr. Nimely for
asthma and for medication refills. Id. The doctor
asked plaintiff why he was prescribed Baclofen and Naproxen.
Plaintiff shared with Dr. Nimely his medical records and
explained his injuries. Id. at 2. Dr. Nimely
indicated that plaintiff did not need to take Baclofen in the
morning but kept plaintiff on his nightly doses of Naproxen
and Baclofen. Id. Disagreeing with this decision,
plaintiff completed an inmate grievance form complaining
about the discontinuation of his morning medication,
recounting that he suffered from stiffness in the morning as
well as an aching neck. Id. But, he did not receive
a response. Id.
was next seen on April 13, 2018, by Dr. Yvette, for his
asthma and medication refills. Plaintiff explained to Dr.
Yvette that Dr. Nimely had discontinued the morning
prescription for Baclofen and that he awoke stiff and achy.
He asked to be placed back on the morning dose, but Dr.
Yvette declined, indicating “he will be wrong by going
against what Dr. Nimely order [sic] or proscribed
October 29, 2018, plaintiff was again seen for his asthma and
a medication refill of Baclofen and Naproxen. Id. He
was asked how long he suffered from asthma and why he was
prescribed Baclofen and Naproxen. Plaintiff advised that he
used the asthma pump when he got sick and showed the doctor
medical records of the injuries he sustained. The unnamed
doctor discontinued plaintiff's evening dose of Baclofen
as well as the asthma pump. The doctor advised plaintiff that
she believed plaintiff had outgrown his asthma and there were
no records showing the injuries plaintiff suffered at the
Upper Marlboro Detention Center. ECF 1 at 2.
indicates that, as a result of the foregoing, “every
morning he wakes up stiff and aching because the mattress
that the institution provide[s] is uncomfortable and the
Naproxen does not work for the stiffness and the aching in
his neck.” Id. at 3. He asks the court to
“grant this T.R.O.” Id.
medical records indicate that during his incarceration he has
received ongoing chronic care medical treatment for asthma as
well as back and spine injuries related to both a childhood
car accident and an altercation with Prince George's