McClain v. Salem Hospital et al

Filing 81

ORDER: IT IS ORDERED that the Motion for Injunction 74 and Motionfor Protective Order 73 are DENIED. See 2-page order attached. Signed on 9/13/2012 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT LAMONTE McCLAIN,

Case No.

6:11-cv-1444-HZ

Plaintiff,

ORDER

v.
SALEM HOSPITAL, et.al.,
Defendants.
HERNANDEZ, District Judge.
Plaintiff's Motion for Protective Order (#73), and Motion for
Injunction

(#74)

are before the Court.

For the reasons stated

below, the motions are DENIED.
In his Motion for Injunction (#74), Plaintiff asks that this
Court enjoin the Circuit Court of Marion County from revoking his
probation in case no. 11C48288.

Plaintiff's motion is premature.

An inmate seeking to contest a probation revocation in federal
court must first exhaust his federal constitutional claims in state
court.

See 28

suggest

U.S.C.

Plaintiff

has

§

2254 (b) (1) (A).

There is no evidence to

presented

claim

Accordingly, the motion is denied.

1 - ORDER

his

in

state

court.

In his Motion for Protective Order (#73), Plaintiff alleges he
cannot receive appropriate treatment while incarcerated in Marion
County Jail.
facility,

He asks this Court to seek his transfer to another

or

to

impose

a

restraining

order

on

individuals

responsible for providing medical services to Marion County Jail
inmates.

Because the Court does not have the authority to mandate

inmate placement, and because the Court does not find Plaintiff's
allegation that he cannot receive appropriate treatment in Marion
County Jail to be credible, the motion is DENIED.
IT IS ORDERED that the Motion for Injunction (#74) and Motion
for Protective Order (#73) are DENIED.
IT IS SO ORDERED.
DATED this

\3

day of September, 2012.

~ arco A~ Hernande z

United States District Judge

2 - ORDER