United States District Court, D. Arizona
S. Willett, United States Magistrate Judge
Chad Lucas Harrison, who is confined in the Arizona State
Prison Complex-Lewis, has filed a pro se civil rights
Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). The
Court ordered Defendants Malachinski, Corizon CEO, Johnson,
and McKamey to answer the Complaint and dismissed Defendant
Ryan without prejudice (Doc. 10 at 10). All Defendants have
answered, and all issues are now joined (Docs. 27-30).
Plaintiff filed a “Motion; Requestng [sic] emergency
TRO, and emergency injunction” (Doc. 4). The Court
denied Plaintiff’s request for an emergency temporary
restraining order (Doc. 10 at 10). The Court also denied in
part Plaintiff’s request for a preliminary injunction
as to Plaintiff’s claims regarding infection and his
request for housing in a single-man cell (Doc. 26 at 9). The
Court has set Plaintiff’s claims for epilepsy
medication for a preliminary injunction hearing to be held on
June 7, 2016 (Doc. 26 at 10).
motions are pending before the Court.
Plaintiff’s “Motion Requesting Clarification . .
.” (Doc. 12) and “Motion Requesting Clarification
and Document #10 to be Re-Sent to Plaintiff” (Doc.
has filed duplicative “Motions Requesting Clarification
. . .” (Docs. 12, 15) in which Plaintiff states he did
not receive a copy of the Court’s Order (Doc. 10)
dismissing Charles L. Ryan from this matter. Plaintiff
requests the Court to send him a copy of the Court’s
Order (Doc. 10). Plaintiff’s request is granted. The
Court directs the Clerk of Court to mail Plaintiff a copy of
the Court’s Order (Doc. 10). To the extent Plaintiff
seeks further explanation of the content of the Court’s
Order, the Court finds that the Order (Doc. 10) speaks for
addition, Plaintiff is warned that he should not file
duplicative motions on any subject matter in this case. If
Plaintiff does file such duplicative motions, the Court will
strike such motions without further notice to Plaintiff and
without considering the additional arguments contained in the
subsequently filed motions.
Defendants’ “Motion for Enlargement of Time to
File Response” (Doc. 14)
their Motion (Doc. 14), Defendants request that the April 4,
2016 deadline for filing their response to Plaintiff’s
Motion for a Temporary Restraining Order (Doc. 4) be extended
to April 18, 2016. Plaintiff opposes the extension of time on
the ground that he is not in good health and “has been
forced to wait a long time already . . . .” (Doc. 21).
These statements do not show Plaintiff will be prejudiced by
a fourteen day extension of Defendants’ response time.
The Court finds that Defendants have shown good cause for the
extension, and the Motion (Doc. 14) is granted.
Defendants’ Response (Doc. 22) filed on April 18, 2016
is deemed timely.
Plaintiff’s “Notice of Change of Address and
Request Court Intervention” (Doc. 16)
April 11, 2016, the Clerk of Court docketed
“Plaintiff’s Notice of Change of Address and
Request Court Intervention” (Doc. 16).
Plaintiff’s filing notifies the Court of his new
address and also requests the Court to stop prison personnel
from “repeatedly moving Plaintiff from isolation cell
to isolation cell . . . .” (Id.). Plaintiff
alleges that the frequent cell moves are done to
“prevent Plaintiff the personal property he needs and
books to properly file documents with the Court.”
Court’s February 2016 Order (Doc. 10 at 9) instructed
that “Plaintiff must not include a motion for other
relief with a notice of change of address.” However, in
light of Plaintiff’s averment that he did not receive a
copy of the Order (Doc. 10), the Court will not strike
Plaintiffs filing (Doc. 16). The Court has directed the Clerk
of Court to mail to Plaintiff a copy of the Order. Plaintiff
is cautioned to carefully read the Order and comply with all
of the requirements therein. Failure to comply with any
provision of the Order (Doc. 10) may result in dismissal of
request for Court intervention is construed as a motion for
injunctive relief and is referred to the District Court Judge
Plaintiff’s “Motion Requesting Court Subpoena