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Freitas v. Thomas

United States District Court, D. Arizona

October 27, 2015

Melvin De Freitas, Plaintiff,
v.
Todd Thomas, et al., Defendants.

ORDER

Eileen S. Willett United States Magistrate Judge

Pro se Plaintiff Melvin De Freitas is a prisoner confined in the Saguaro Correctional Center (“SCC”), a Corrections Corporation of America (“CCA”) facility in Eloy, Arizona. On July 8, 2013, Plaintiff initiated this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court are the following motions:

1. Plaintiff’s “Motion of Witnesses [sic] Declarations and New Evidence” (Doc. 83);
2. Plaintiff’s “Motion [to] Notify the Court of Retaliation Done to Inmate Witness by the CCA Legal Team and Ben Griego” (Doc. 91);
3. Defendants’ “Motion to Strike Character Witness Declaration (Doc. #98)” (Doc. 99);
4. Plaintiff’s “Motion to Complete and Clarify the Record Regarding the False Declaration of Inmate Kawika Vinano and Plaintiff Still Not Allowed to Borrow the Fed.R.Civ.P. Book” (Doc. 101);
5. Plaintiff’s request to the Court, docketed by the Clerk of Court as “Motion [for] Service of Subpoenas” (Doc. 102); and
6. Defendant’s “Motion for Sanctions Pursuant to Rule 11” (Doc. 104).

The Court has reviewed the above motions and sets forth its orders below.

DISCUSSION

A. Plaintiff’s “Motion of Witnesses [sic] Declarations and New Evidence” (Doc. 83)

In his “Motion of Witnesses [sic] Declarations and New Evidence” (Doc. 83), Plaintiff requests that the Court grant his previously filed (i) Motion for an Order Compelling Disclosure, Discovery, and Sanctions (Doc. 75) and (ii) Motion for Appointment of Counsel (Doc. 80). The Court ruled on those two motions in its Order filed on June 5, 2015 (Doc. 82). Accordingly, Plaintiff’s “Motion of Witnesses [sic] Declarations and New Evidence” (Doc. 83) is denied as moot.[1]

Plaintiff’s Reply in support of his Motion (Doc. 83) contains the following additional requests: (i) reconsideration of the Court’s June 5, 2015 Order (Doc. 82); (ii) an order allowing Plaintiff to interview and obtain declarations from four alleged inmate witnesses; and (iii) an order compelling the production of certain photographs allegedly taken of Plaintiff on March 28, 2014. (Doc. 92 at 4). Those requests are denied as Plaintiff did not submit them to the Court in a motion. Fed.R.Civ.P. 7(b)(1) (“A request for a court order must be made by motion.”).

B. Plaintiff’s “Motion [to] Notify the Court of Retaliation Done to Inmate Witness by the CCA Legal Team and Ben ...


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