Meeks v. Schofield et al

Filing 367

ORDER: Plaintiff's Motion for Mandatory Injunction 249 ; Motion for CourtOrdered Protection of Plaintiffs Fourteenth Amendment Due Process Rights 269 ; and Motion for Court to Enter Ruling in D.E. No. 249 288 are DENIED.Signed by Magistrate Judge John S. Bryant on 3/14/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DANNY RAY MEEKS,
Plaintiff
v.
DERRICK D. SCHOFIELD, et al.,
Defendants

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No. 3:12-0545
Judge Trauger/Bryant
Jury Demand

O R D E R
Pending in this case are three procedurally related
motions filed by Plaintiff Danny Ray Meeks: Plaintiff’s Motion for
Mandatory Injunction (Docket Entry No. 249); Motion for Court
Ordered Protection of Plaintiff’s Fourteenth Amendment Due Process
Rights (Docket Entry No. 269); and Motion for Court to Enter Ruling
in D.E. No. 249 (Docket Entry 288). Defendants have filed responses
in opposition (Docket Entry No. 257 and 292).
For

the

reasons

stated

below,

the

three

motions

referenced above are DENIED.
Plaintiff Meeks, a prisoner proceeding pro se and in
forma pauperis, has filed this action alleging violations of his
constitutional rights pursuant to 42 U.S.C. § 1983 as well as
violations of the Americans With Disabilities Act, 42 U.S.C. §
12101, et seq., and the Rehabilitation Act of 1973, 29 U.S.C. §
701, et seq., as well as retaliation based upon events that
occurred while Plaintiff was confined at the DeBerry Special Needs
Facility in Nashville, Tennessee. After the filing of the complaint

in this action, Plaintiff Meeks in October 2012 was transferred
from the DeBerry Special Needs Facility in Nashville to the South
Central Correctional Facility in Clifton, Tennessee, where he is
housed presently.
The three motions referenced above seek preliminary
injunctive relief premised upon alleged occurrences and events at
the South Central Correctional Facility following Meeks’s transfer
there. Specifically, Plaintiff’s Motion for Mandatory Injunction
(Docket Entry No. 249) seeks a preliminary injunction directing the
Chief Executive Officer of Corrections Corporation of America, the
Warden and the Deputy Warden of the South Central Correctional
Facility “to immediately comply with the mandatory requirements of
the Americans with Disabilities Act of 1990.” (Docket Entry No. 249
at 1). Similarly, Plaintiff’s Motion for Court Ordered Protection
of Plaintiff’s Fourteenth Amendment Due Process Rights (Docket
Entry No. 269) seeks an order requiring employees of Corrections
Corporation of America at the South Central Correctional Facility
to cease “further acts intended to deter Plaintiff from exercising
his enumerated constitutionally protected First Amendment right of
access to the Courts.” (Docket Entry 269 at 1). This motion deals
with what Meeks describes as infringement of his right to due
process of law in prison disciplinary proceedings at the South
Central Correctional Facility.
As the summary in the foregoing paragraph indicates, the
events that give rise to these motions do not involve the current
Defendants in this case, all of whom are or were employed at the
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DeBerry Special Needs Facility in Nashville. Instead, the events
that prompted Meeks to file these motions occurred after his
transfer to the South Central Correctional Facility and involve
alleged acts of persons who are employed there. Thus the current
Defendants in this case are incapable of providing the injunctive
relief that Meeks seeks, and the persons that Meeks seeks to have
enjoined by these motions are not parties to this case. For these
reasons, the undersigned Magistrate Judge finds that the relief
that Meeks seeks in these two motions is unrelated to the claims in
the current action, and, therefore, that his motions for injunctive
relief in this case are inappropriate and must be denied.
For the foregoing reasons, the three motions referenced
above are DENIED without prejudice to Meeks’s right to assert such
claims in new complaints if he wishes to do so.
It is so ORDERED.

/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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