Aplin v. Oregon Department of Corrections et al

Filing 54

ORDER: Plaintiff's Motion for Reconsideration (# 46 ) and Motion for Temporary Restraining Order (# 49 ) are denied. Signed on 4/12/2018 by Judge Michael W. Mosman. (joha)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
COLBY LEE APLIN,
Case No. 6:17-cv-01142-MO
Plaintiff,
ORDER
v.

OF

DEPARTMENT
OREGON
CORRECTIONS, et al.,
Defendant2.
MOSMAN, District Judge.
Plaintiff
Court

to

in

this

reconsider

its

prisoner

civil

rights

earlier decision to

"Dr. Winters" from this case.

cases

dismiss

asks

the

Defendant

Plaintiff included Dr. Winters as

a party to the Complaint, but counsel for Defendants was unable
to waive

service on

identify

that

Dr.

Winters'

particular

behalf because

individual.

"ODOC

it

was

could not
unable

to

determine the identity of 'Dr. Winters' based on the allegations

1 - ORDER

in the complaint.

There is no

'Dr.

Winters'

employed by ODOC."

Waiver of Service (#12), p. 1 n. 1.
On December 4,

2017,

the Court advised Plaintiff that

she wished to proceed against Dr. Winters,
Court and counsel
employer,

and

for

any

Defendants with

information

that

if

she must provide the

Dr.

Winters'

might

help

full

name,

identify

Dr.

Winters for waiver of service purposes. When Plaintiff failed to
do so, the Court dismissed Dr. Winters from this case on January
18, 2018.
Plaintiff now asks the Court to reconsider its dismissal of
Dr. Winters, alleging that she intended to bring suit against M.
Winter,

whom she

now

identifies

as

a

correctional

counselor. 1

Although the State is now able to identify the party at issue as
Correctional

Counselor

Winter-Schuller,

Plaintiff's

makes

no

allegations in her Amended Complaint as to Ms. Winter-Schuller.
Accordingly, where Plaintiff fails to state a claim against Ms.
Winter-Schuller,

the

Court

need not

add

her

as

an

additional

defendant.
Also before the Court is Plaintiff's Motion for Temporary
Restraining

Order

(#49).

According

arrested on new charges last month,

2 - ORDER

to

Plaintiff,

she

was

and she believes she is at

#'

potential

risk

Institution
to

SRCI,

asks

returning

(SRCI").

she

that

of

might

the

to

the

Snake

River

Correctional

She fears that if she is in fact returned
receive

Court

inadequate

preliminarily

medical

enjoin

treatment,

any

such

and

action.

Plaintiff's concerns are highly speculative at this point such
that

preliminary

injunctive

Caribbean Marine Servs.

Cir.

1988)

injury

relief

is

Co. v. Baldridge,

not

appropriate.

844 F.2d 668,

674

See
(9th

("Speculative injury does not constitute irreparable

sufficient

to

granting

warrant

a

preliminary

injunction.").
CONCLUSION

Plaintiff's

Motion

for

Reconsideration

(#46)

and

Motion

for Temporary Restraining Order (#49) are denied.
IT IS SO ORDERED.
DATED this

J2.. ·day of April,

2018.

Michael W. M
United State

Judge

Plaintiff previously identified Defendant Winters as the head of the
medical department at the Snake River Correctional Institution.

3 - ORDER