Martin v. Oregon Department of Corrections et al

Filing 34

ORDER: plaintiff's Motion for Leave to File a Second Amended Complaint 25 and Motion to Substitute Party 29 are GRANTED. The Clerk of Court is directed docket plaintiff's proposed amended complaint and attachments as the operati ve pleading in this action and to add Ms. Aguinaga as a defendant in the case. Plaintiff's Motion for Preliminary Injunction 22 and Second Motion for Appointment of Counsel 31 are DENIED. All other motions currently pending before the Court are DENIED as moot. Signed on 11/3/15 by Magistrate Judge Paul Papak. (Mailed copy to plaintiff) (dsg)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MICHAEL MARK MARTIN,
Plaintiff,

v.
OREGON DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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6: 15-cv-00226-PK
ORDER

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PAPAK, Magistrate Judge.

I.

Plaintiff's Motion for Leave to File an Amended Complaint [25]
Plaintiff seeks leave to file an amended complaint in this

prisoner civil

rights

action on

the

basis:

restricted legal library computer access,

(l)

that

due

to

his previously filed,

hand-written complaint only had very basic facts and no supporting
documentation;

(2) that new, related claims have come to light and

should be included in the complaint; and (3) that he has identified
new defendants,

1 - ORDER

including one previously listed as

"Jane Doe".

Defendants

take

no

position

on

plaintiff's

motion,

but

have

requested a protective order concerning discovery and a stay in
responding to plaintiff's motion for injunctive relief pending the
Court's resolution of
complaint.

the motion for

Plaintiff's

Complaint is GRANTED.

Motion

for

leave
Leave

to file an amended
to

File

an

Amended

In addition, the Court grants plaintiff's

Motion to Substitute a Party [29] .

The Clerk of Court is directed

docket plaintiff's proposed amended complaint and attachments as
the operative pleading in this action and to add Ms. Aguinaga as a
defendant in the case.
a

new Notice

of

Also, with this Order, the Court will issue

Lawsuit and Request

for Waiver of Service of

Summons as to Ms. Aguinaga.
As

the Court

is granting plaintiff's Motion to Amend his

Complaint, defendants' Motion for a Protective Order and Stay [26]
and plaintiff's pending Motions [28] & [32] regarding the current
scheduling order and outstanding discovery requests are DENIED as
moot.
II. Motion for Preliminary Iniunction [22]

In his motion for injunctive relief, plaintiff seeks an Order
from the Court enjoining defendants from:

(1) installing ladders

in cells with less than 60 square feet per man;

and

(2)

double

celling inmates in cells with less than 60 square feet per man.
Ordinarily, a preliminary injunction maintains the status quo
pending a final decision on the merits.
2 - ORDER

University of Texas v.

Camenisch, 451 U.S. 390, 395 (1981).

Plaintiff is asking the Court

to alter the status quo by granting him, before trial,
relief he hopes to obtain through this action.
injunction,"

as

circumstances.
Nevada,

it

is known,

See

Such a "mandatory

is granted only in extraordinary

LGS Architects,

434 F.3d 1150, 1158

the very

(9th Cir.

V.

Concordia Homes of

2006).

Plaintiff has not

Inc.

shown that the present case rises to that level and his motion for
preliminary injunction is denied.
III. Plaintiff's Second Motion for Appointment of Counsel [31]

For the reasons set forth in the Court's prior Order

[8]

plaintiff's Motion [31] is DENIED.
CONCLUSION

Based on the foregoing, plaintiff's Motion for Leave to File
a Second Amended Complaint [25] and Motion to Substitute Party [29]
are GRANTED.
proposed

The Clerk of Court is directed docket plaintiff's

amended

complaint

and

attachments

as

the

operative

pleading in this action and to add Ms. Aguinaga as a defendant in
the case.

Also, with this Order, the Court will issue a separate

Notice of Lawsuit and Request for Waiver of Service of Summons as
to Ms. Aguinaga.

Ill
Ill

3 - ORDER

Plaintiff's Motion for Preliminary Injunction [22] and Second
Motion for Appointment of Counsel

[31]

are DENIED.

All other

motions currently pending before the Court are DENIED as moot.
IT IS SO ORDERlj!D.
DATED this

1fCI\

L

day

~;Jembe
_/

,

,p
ates Magistrate Judge

4 - ORDER