Opinion
CV 11-517 BB/WPL
04-27-2012
SEAN JOSEPH LEVIN, Plaintiff, v. NEW MEXICO CORRECTIONS DEPARTMENT, et al. Defendants.
ORDER
This matter comes before the Court on Plaintiff Sean Joseph Levin's Response to Order to Submit a Martinez Report. (Doc. 36.) The pleading, improperly labeled as a response, includes additional factual allegations pertaining to Levin's claim that Defendant Kenneth Sandlin provided inadequate medical care in violation of the Eighth Amendment. Accordingly, I will construe this pleading as an amended complaint. Casanova v. Ulibarri, 595 F.3d 1120, 1125 (10th Cir. 2010) (holding court must liberally construe the filings of a pro se party); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991) (recognizing pro se litigant's pleadings are "held to a less stringent standard.").
Having now recognized Levin's filing as an amended complaint, I will allow Sandlin the opportunity to file an amended answer by May 11, 2012. Sandlin is also ordered to discuss in his Martinez report all of Levin's allegations regarding his medical treatment contained in both the initial complaint (Doc.1 at 5-7) and the amended complaint (Doc. 36), pursuant to the instructions provided by my Order to Submit a Martinez Report (Doc. 34).
IT IS SO ORDERED.
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William P. Lynch
United States Magistrate Judge