McGill v. Caddo Parish et al

Filing 28

MEMORANDUM ORDER denying 26 Motion for TRO; denying 27 Motion in Support of Inadequate Law Library Time. Signed by Magistrate Judge Mark L Hornsby on 09/24/2015. (crt,Williams, L)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

STEPHEN M. McGILL

CIVIL ACTION 15-cv-1681

VERSUS

JUDGE FOOTE

CADDO PARISH, ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Stephen McGill (“Plaintiff”) is a self-represented inmate at the Caddo Correctional
Center. His complaint alleges that he was placed in mental health care for no reason and
housed in a dirty cell. He also complains about his inability to use the law library as often
as he would like. Plaintiff has in the past sought immediate injunctive relief granting him
relief on the merits of his claim regarding mental health care. An original motion and a
request for reconsideration were denied.
Plaintiff has once again filed a Motion for TRO (Doc. 26) that seeks an order that
mental health staff not be allowed to treat him without a reason. The motion is denied
without prejudice. The complaint is, as the court has explained earlier, in the initial review
process. That process will be completed as promptly as possible so that the court may
proceed to address the merits of Plaintiff’s claims. However, that process is slowed when
Plaintiff files repetitive motions such as this.
Plaintiff has also filed a Motion in Support of Inadequate Law Library Time (Doc.
27) in which he requests immediate release from incarceration on the grounds that he has

been denied adequate time in the law library. He alleges that he was unable to properly
prepare for his trial in state court. Plaintiff was presumably appointed counsel in the state
court proceedings, or at least had a right to appointment of counsel, so he had no
constitutional right to access the law library to prepare a pro se defense in his criminal trial.
Degrate v.Godwin, 84 F.3d 768 (5th Cir. 1996). Accordingly, this motion is also denied.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 24th day of September,
2015.

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