Rodenhurst vs. State of Hawaii; et al.

Filing 240

ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF TO COMPEL CCA AND STATE DEFENDANTS TO MODIFY THEIR POLICY AND PROCEDUCRES REGULATING HANDLING OF PRIVILEGED MAIL DURING THE PENDENCY OF THIS COMPLAINT 236 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/25/09. (emt, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII WALTER V. RODENHURST, III, # A0137543, Plaintiff, vs. STATE OF HAWAII, KAY BAUMAN, M.D., KENNETH ZIENKIEWICZ, M.D., FRANK J. LOPEZ, CLAYTON FRANK, WESLEY MUN, DORIS ROBINSON, R.D., NOLAN UEHARA, ERIC TANAKA, NATHALIE KODAMA, DAVID SALDANA, M.D., CARMILLO SANTIAGO, MARY TUMMENILLO, JOHN IOANE, HOWARD KOMORI, BURT SANTIAGO, JUNE TAVARES, SHARI KIMOTO, DAREN SWENSON, JODY BRADLEY, BEN GRIEGO, LEE ANN ARCHULETA, V. VANTEL, JOHN KEESLING, GIANG PHAN, LANE BLAIR, ANASTACIO PEREZ, PHYLLIS HANSEN, R.N., DIANNE PIERSON, DIANE DUFFY, R.N., PATRICIA SELLS, R.N., MUHAMMED HALEEM, M.D., TODD THOMAS, CORRECTIONS CORPORATION OF AMERICA, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIV. NO. 08-00396 SOM-LEK ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF TO COMPEL CCA AND STATE DEFENDANTS TO MODIFY THEIR POLICY AND PROCEDURES REGULATING HANDLING OF PRIVILEGED MAIL DURING THE PENDENCY OF THIS COMPLAINT

ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF TO COMPEL CCA AND STATE DEFENDANTS TO MODIFY THEIR POLICY AND PROCEDURES REGULATING HANDLING OF PRIVILEGED MAIL DURING THE PENDENCY OF THIS COMPLAINT Pro se plaintiff Walter V. Rodenhurst, III, a Hawaii state prisoner incarcerated at the Saguaro Correctional Center ("SCC"), located in Eloy, Arizona, has filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983, alleging that Defendants failed to adequately address his various medical needs

and denied him access to the courts.

(See Compl.)

Before the

court is Plaintiff's Motion for Injunctive Relief to Compel CCA and State Defendants to Modify Their Policy and Procedures Regulating Handling of Privileged Mail During the Pendency of this Complaint. For the following reasons, Plaintiff's Motion

for Injunctive Relief is DENIED. The Prison Litigation Reform Act amended 42 U.S.C. § 1997e to provide that "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). Although

district courts at one time had discretion to permit a case to proceed without exhaustion, exhaustion in prisoner cases covered by § 1997e(a) is now mandatory. (2006). Rodenhurst attempts to have the court intervene in an issue between himself and SCC regarding SCC's prisoner mail policies and procedures. time. The court declines to intervene at this Woodford v. Ngo, 548 U.S. 81, 85

Rodenhurst does not appear to have availed himself of Rodenhurst must exhaust

SCC's administrative grievance process.

that process before seeking judicial action. In support of his Motion, Rodenhurst asserts that Defendants' prisoner mail policies and procedures violate his rights under Federal Rule of Civil Procedure 26. 2 (Pl.'s Mot.

Inj. Relief at 2.) discovery.

Rule 26 is the federal civil rule governing It does not give Rodenhurst

See Fed. R. Civ. P. 26.

any right to injunctive relief with respect to prison security issues. Nothing Rodenhurst submits suggests that Defendants are

engaged in discovery in reviewing his mail, or that individuals involved in this litigation are aware of the content of the mail being opened for security purposes. Rule 26 does not permit

Rodenhurst to come directly to the court regarding matters requiring administrative exhaustion. IT IS SO ORDERED. DATED: Honolulu, Hawaii, September 25, 2009.

/s/ Susan Oki Mollway Susan Oki Mollway Chief United States District Judge

Rodenhurst v. State of Hawaii, et al., Civ. No. 08-00396 SOM-LEK; ORDER DENYING PLAINTIFF'S MOTION FOR INJUNCTIVE RELIEF TO COMPEL CCA AND STATE DEFENDANTS TO MODIFY THEIR POLICY AND PROCEDURES REGULATING HANDLING OF PRIVILEGED MAIL DURING THE PENDENCY OF THIS COMPLAINT; PROSE ATTNYS/Non-Disp Orders/KAM/2009/Rodenhurst 08-396 SOM (deny injunct. mot.)

3