Huffman v. Bureau of Prisons et al

Filing 168

MINUTE ORDER denying 166 Motion Order [sic] of 6 Month Forensic Evaluation, by Magistrate Judge Kristen L. Mix on 1/10/12.(jjpsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01459-CMA-KLM
LORAL HUFFMAN,
Plaintiff,
v.
DR. ALLRED,
DR. CARTER,
SANCHEZ, Case Manager,
DERR, Unit Manager,
JOHN DOE, Mailroom Supervisor,
JANE DOE, Food Supervisor,
BUCKNER, Investigator,
LINCOLN, D.H.O., and
CRANK, Trust Manager,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s “Motion Order [sic] of 6 Month
Forensic Evaluation” [Docket No. 166; Filed January 9, 2012] (the “Motion”). The Court
interprets Plaintiff’s Motion as requesting a transfer to “any medical prison” for the purpose
of evaluating his alleged sleepwalking disorder.
IT IS HEREBY ORDERED that the Motion is DENIED. Prison officials retain “broad
administrative and discretionary authority to manage and control the prison institution,”
including the location of a prisoner's incarceration. Penrod v. Zavaras, 94 F.3d 1399, 1405
(10th Cir. 1996) (citing Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987)). See also
Wedelstedt v. Wiley, 477 F.3d 1160, 1165-66 (10th Cir. 2007) (explaining that Section
3621(b) of 18 U.S.C. conveys discretion to the Bureau of Prisons in designating where a
prisoner is incarcerated); United States v. Roberts, 190 F. App'x 717, 720 (10th Cir. 2006)
(Section 3621(b) “gives primary authority to the executive branch to determine the facility
where a prisoner should be placed.”). Plaintiff provides no legal authority to the contrary
in support of his request. Furthermore, review of the attachment to Plaintiff’s Motion
indicates that prison staff have instructed Plaintiff to “document [his] injuries via medical
staff,” implying that Plaintiff may not have availed himself of the medical services available
to him at his present location. See [#166] at 8.
Dated: January 10, 2012