Coleman v. Ryan et al

Filing 11

ORDER denying 7 Plaintiff's Motion to Appoint Counsel and Motion for Reconsideration; denying 8 Plaintiff's Motion for Preliminary Injunction and Motion for TRO; and denying as moot 10 Plaintiff's Motion to Expedite Ruling. This case must remain closed. Signed by Judge David G Campbell on 6/4/12.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lon Roger Coleman,

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Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV 11-1468-PHX-DGC (JRI)
ORDER

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Petitioner Lon Roger Coleman, who is confined in the Arizona State Prison-Kingman,

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filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and an

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Application to Proceed In Forma Pauperis. In a September 7, 2012 Order, the Court

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dismissed the Petition as premature because Petitioner had a petition for post-conviction

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relief pending before the Maricopa County Superior Court. The Clerk of Court entered

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Judgment on September 7, 2011.

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On April 25, 2012, Plaintiff filed a Motion to Appoint Counsel and Motion for

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Reconsideration (Doc. 7) and a Motion for Preliminary Injunction and Temporary

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Restraining Order (Doc. 8). On April 30, 2012, Plaintiff filed a Motion to Expedite Ruling

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on Request for Temporary Restraining Order (Doc. 10).

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I.

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Motion to Appoint Counsel and Motion for Reconsideration
In his Motion for Reconsideration, Plaintiff asks that the Court reopen this action

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because he has not received notice of any action on his state court petition and believes his

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state court proceedings have concluded. This is not a proper basis for reconsideration of the

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September 2011 dismissal of Petitioner’s habeas action because Petitioner’s state court

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proceedings were still in progress when the habeas action was dismissed. If Petitioner wishes

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to raise his habeas claims, he must do so in a new petition, filed in a new case. The Court

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will deny Petitioner’s Motion for Reconsideration. The Court will deny as moot the request

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for counsel.

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II.

Motion for Preliminary Injunction and Temporary Restraining Order

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In his Motion for Preliminary Injunction, Plaintiff seeks an order requiring prison

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officials to treat Plaintiff’s mental health issues. The Court will deny the Motion because

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Plaintiff’s claims are not properly before the Court. First, this case is closed. Second,

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Plaintiff cannot raise claims challenging his conditions of confinement in a habeas action.

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If Plaintiff seeks to challenge the conditions of his confinement, he must bring his claims in

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a new action filed pursuant to 42 U.S.C. § 1983.

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IT IS ORDERED:

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(1)

Reconsideration (Doc. 7) is denied.

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Plaintiff’s April 25, 2012 Motion to Appoint Counsel and Motion for

(2)

Plaintiff’s April 25, 2012 Motion for Preliminary Injunction and Temporary

Restraining Order (Doc. 8) is denied.

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(3)

Plaintiff’s April 30, 2012 Motion to Expedite Ruling (Doc. 10) is denied as

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(4)

This case must remain closed.

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DATED this 4th day of June, 2012.

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moot.

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