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)

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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.. ┬Ěday 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

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