Bacote et al v. Federal Bureau of Prisons et al

Filing 181

Order Granting Jeremy Pinson's Motion to Terminate Counsel And Denying Pinson's Motion for Preliminary Injunction: Jeremy Pinson's Motion for Order to Terminate Counsel and For Records 155 is granted. Plaintiffs' counsel shall forward the case file as it relates to Pinson at their earliest convenience, consistent with the Court's August 6, 2013 Protective Order 85 . Jeremy Pinson's Motion for a Preliminary Injunction 168 is denied. Defendant's Motion to Strike Docket Number 168 , 179 is dismissed as moot. by Judge Richard P. Matsch on 3/11/2014.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Richard P. Matsch
Civil Action No. 12-cv-01570-RPM-MEH
HAROLD CUNNINGHAM,
CARLTON DUNBAR,
JOHN W. NARDUCCI, JR.,
JEREMY PINSON,
JOHN J. POWERS,
ERNEST NORMAN SHAIFER, and
MARCELLUS WASHINGTON,
Each individually and on behalf of all others similarly situated,
and
CENTER FOR LEGAL ADVOCACY
D.B.A. THE LEGAL CENTER FOR PEOPLE
WITH DISABILITIES AND OLDER PEOPLE,
COLORADO’S PROTECTION AND ADVOCACY SYSTEM,
Plaintiffs,
v.
FEDERAL BUREAU OF PRISONS,
Defendant.

ORDER GRANTING JEREMY PINSON’S MOTION TO TERMINATE COUNSEL
AND DENYING PINSON’S MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Jeremy Pinson filed a Motion for Order Terminating Counsel and For Records
[Doc. 155], citing irreconcilable differences and his desire to prosecute his own claims.
Plaintiffs’ counsel does not oppose Pinson’s motion to terminate [see Doc. 163] and
Defendant Federal Bureau of Prisons has no position on the issue [see Doc. 179 at 4].
Accordingly, the Court will grant Pinson’s motion.

Pinson also filed a pro se Motion for a Preliminary Injunction.

[See Doc. 168.]

Defendant has moved to strike Pinson’s Motion under Federal Rule of Civil Procedure 12(f).
[See Doc. 179.]
In his Motion for a Preliminary Injunction, Pinson seeks an order prohibiting the future
transfer of mentally ill prisoners to ADX and requiring that Defendant remove all inmates
with serious mental illness from ADX. [See Doc. 168 at 6.] “A litigant may bring his own
claims to federal court without counsel, but not the claims of others.” Fymbo v. State Farm
Fire and Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000). Pinson himself cannot adequately
represent the putative class of ADX prisoners. See id. Therefore, he may not pursue what
amounts to class-wide relief on the putative class’ behalf.
Pinson also seeks an order transferring him out of ADX and into a mental health
program. [See Doc. 168 at 6.]1 Pinson, as a named Plaintiff in this action, is entitled to seek
that individual relief on his own. Under the Prison Litigation Reform Act, in any civil action
with respect to prison conditions, preliminary injunctive relief must be narrowly drawn,
extend no further than necessary to correct the harm the court finds requires preliminary
relief, and be the least intrusive means necessary to correct that harm. 18 U.S.C. § 3626(2).
Pinson has not addressed those considerations, and the Court could not possibly find that a
pretrial transfer order is the least intrusive means necessary to correct Pinson’s alleged harm;

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Although Pinson’s request to be transferred into the STAGES mental health program did not specifically request
that he be transferred out of ADX, the program treats mental health care level 3 inmates. See U.S. Govt.
Accountability Office, Bureau of Prisons: Timelier Reviews, Plan for Evaluations and Updated Policies Could
Improve Mental Health Services Oversight 49 (July 2013), available at http://www.gao.gov/assets/660/655903.pdf.
USP Florence is designated as a mental health care level 2 facility. Id. at 52. The Court infers from that designation
that Pinson’s request would likely require a transfer out of ADX to a mental health care level 3 facility. Pinson also
requested that the Court order that Defendant “remove all inmates suffering from a serious mental illness from ADX
within 90 days . . . .” [Doc. 168 at 6.] Pinson’s description of his mental health issues indicates to the Court that he
includes himself in that group.

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such an order would materially invade the discretion Defendant enjoys in administering its
prison system and managing the placement of prisoners like Pinson.
Upon the foregoing, it is
ORDERED that Jeremy Pinson’s Motion for Order to Terminate Counsel and For
Records [Doc. 155] is granted. Plaintiffs’ counsel shall forward the case file as it relates to
Pinson at their earliest convenience, consistent with the Court’s August 6, 2013 Protective
Order [Doc. 85], and it is
FURTHER ORDERED that Jeremy Pinson’s Motion for a Preliminary Injunction [Doc.
168] is denied, and it is
FURTHER ORDERED that Defendant’s Motion to Strike Docket Number 168 [Doc.
179] is dismissed as moot.
Dated: March 11, 2014.
BY THE COURT:
s/Richard P. Matsch
______________________
Richard P. Matsch
Senior District Judge

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