Free Motion for Leave to File - District Court of Delaware - Delaware

Case1:04-cv—01334-KAJ Document 35 Filed 04/06/2006 Page10f4
UNITED STATES DISTRICT COURT
DISTRICT OE DELAWARE
DONALD J. JORDON, ET AL )
)
Plahmiff ) C.A. No. 04—l334—KAJ
D
v- >
>
STATE OE DELAWARE, ET AL ) JURY OE l2 DEMANDED
)
Defendants. ) F I L E D
MOTION FOR LEAVE TO SUPPLEMENTED . _ _
PLAINTIEF'S OPPOSITION TO DEFENDANTS if A ‘ ‘·‘*_’*‘¤'J
MOTION TO Dismiss . _t:j§jgS1[_H:QT_CQLé?¢j_’_
_"`”‘”`“__"”‘"‘”_" gx!-iT' ;~- Ast,
COMES NOW, Donald J. Jordon, plaintiff, moves this Court for permission
to supplement his opposition to Defendants motion to dismiss, and state the following:
l. Plaintiff is an inmate in the Delaware Correctional system. Jordon
filed a claim in this Court alleging that Defendants are deliberately indifferent
tO plaintiff's serious medical needs by failing to provide adequate testing and
treatment fOr the Hepatitis C Virus (“HCV").
2. State defendant and Medical defendants have both filed motion tO dismiss,
and plaintiff have filed motion in opposition against both defendants.
3. On or about March 3l, 2006, plaintiff received a letter from Edward
L. Foley, M.D., who after examinated my medical records indicated that a liver
biopsy was recommend in practice guidelines. (EXHIBIT "l")
4. At the time of responding to defendants motion to dismiss, I did not
have access to Dr. Foley's letter in regards to my treatment.
5. The matter embraced in Dr. FOley‘s letter is consistent with the issues
set forth in the Original opposition motion to defendants motion to dismiss with
respect to the cause of action stated in the original complaint.
6. Plaintiff continually assert, despite having tested positive for HCV,

Case 1 :04-cv—01334-KAJ Document 35 Filed 04/06/2006 Page 2 of 4
elevated ALT levels and significant symptoms as clearly stated in his original
complaint, he has not received a liver biopsy or ultrasound to determine the
extent of damage to his liver and treatment options.
7. Defendants have and are continually unlawafully denying Mr. Jordon
basic and humane medical care and treatment for his serious medical needs.
CONCLUSION
8. For the above reasons, the plaintiff respectfully request that his
motion be granted, and FCM defendants motion to dismiss be denied.
{ " __ ` . -,- . J _?
Lf_w JJ. 3 pz.; Kf)jqnZ? _ zfélqj
Donald J ¤Jo'don
Sussex Correctional Institution
P.O.Box 5OO
Georgetown, DE l9947.

Case 1 :04-cv—01334-KAJ Document 35 Filed 04/06/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD J. JORDON )
)
Plahwiff, ) C.A. No. 04—l334—KAJ
)
v. )
)
STATE OF DELAWARE, ET AL ) JURY OF l2 DEMANDED
>
Defendants. )
CERTIFICATE OF SERVICE
I, Donald J. Jordon, do hereby certify that on this date one copy
of MOTION FOR LEAVE TO SUPPLEMENTED OPPOSITION TO DEFENDANTS' MOTION TO DISMISS
were place in the Sussex Correctional Institution mailbox to be served on the
following individuals:
Lisa Ann Barchi, Esquire Dana M. Spring, Esquire
Department of Justice Daniel L. McKenty, Esquire
820 N. French Street, 6th Floor l225 N. King Steet, Suite ll00
Wilmington, DE l980l P.O. Box 397
Attorney for State Defendants Wilmington, DE 19899-0397
Attorneys for Roberta F. Burns
and Susan Rickards
J l " V
Donald J. Jordow
Sussex Correctional Institution
P.O. Box 500
Georgetown, DE I9947
Dated: April 3, 2006

Case 1 :04-cv-01334-KAJ Document 35 Filed 04/06/2006 Page 4 of 4
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