Allee v. Streeval et al

Filing 47

OPINION and ORDER denying 40 Motion for Reconsideration. Signed by Senior Judge James P. Jones on 11/17/2021. (Opinion and Order mailed to Pro Se Party via US Mail)(slt)

Case 7:21-cv-00088-JPJ-PMS Document 47 Filed 11/17/21 Page 1 of 2 Pageid#: 350

USMSIN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JUSTIN J. ALLEE,
Plaintiff,
v.
STREEVAL, ET AL.,
Defendants.

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Case No. 7:21CV00088
OPINION AND ORDER
JUDGE JAMES P. JONES

Justin J. Allee, Pro Se Plaintiff.
The plaintiff, Justin Allee, a federal inmate proceeding pro se, filed this civil
rights action under Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), alleging numerous and unrelated claims concerning
alleged events at the United States Penitentiary Lee (“USP Lee”). By separate Order,
the court has directed him to file a Third Amended Complaint to correct noted
deficiencies in this case or face its dismissal.
I previously also denied Allee’s separate request for interlocutory injunctive
relief. Allee v. Streeval, No. 7:21CV00088, 2021 WL 2784555 (W.D. Va. July 2,
2021). In that motion, Allee asked the court to direct the U.S. Marshals Service
(“USMS”) to investigate whenever he failed to answer a court order to be sure he
was not being tortured. I found that this motion was built on mere speculation and
failed to show any likelihood of success on the merits. Id. at 1.

Case 7:21-cv-00088-JPJ-PMS Document 47 Filed 11/17/21 Page 2 of 2 Pageid#: 351

Allee has moved for reconsideration of this ruling. His motion presents
entirely new allegations about Allee’s problems in federal prison: legal mail not
properly marked, a captain and his wife being escorted away from the prison by the
USMS, statements by other inmates who claim to have overheard officers admitting
to planting a weapon in Allee’s cell, and alleged denial of disciplinary appeal forms.
Now, Allee wants me to order his removal from USP Lee. Because the motion does
not identify any error in my prior ruling, it is ORDERED that the motion, ECF No.
40, seeking reconsideration of the Order denying Allee’s motion for interlocutory
relief, is DENIED.
ENTER: November 17, 2021
/s/ JAMES P. JONES
Senior United States District Judge

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