Carr v. Ballard

Filing 20

MEMORANDUM OPINION AND ORDER pursuant to receipt of three filings from plaintiff, received January 14, January 25 and February 1, 2013, the Clerk is directed to file the electronic copies of these three letters, including redacted portions of the 1/ 14/2013 letter and to place the original unredacted 1/14/2013 letter under seal pending the further order of the court; denying the 17 , 18 and 19 LETTER-FORM MOTIONS with leave for plaintiff to pursue his medical treatment and prison condition claims in the district of his incarceration if he so chooses. Signed by Judge John T. Copenhaver, Jr. on 2/8/2013. (cc: plaintiff; attys; Warden, Northern Regional Jail and Correctional Facility) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JAMES D. W. CARR,
Plaintiff
v.

CIVIL ACTION NO. 2:12-0908

STATE OFFICIALS,
Defendants.

JAMES D. W. CARR,
Petitioner
v.

CIVIL ACTION NO. 2:12-0909

WARDEN DAVID BALLARD,
Respondent.
MEMORANDUM OPINION AND ORDER
The court has received three filings from James D. W. Carr,
respectively, on January 141, January 25, and February 1, 2013.2

1

The Clerk is directed to file the electronic copies of these
three letters in both of the above-captioned actions. The January
14, 2013, letter, however, includes at pages 9 and 25 accusations
of criminal misconduct aimed at third parties not before the court.
The court has redacted those portions of the letter from the
electronic copy sent to the Clerk today for filing. The Clerk is
directed to place the original, unredacted January 14, 2013, letter
under seal pending the further order of the court.
2

The January 14, 2013, letter includes copies of separate letters
previously sent to the Honorable Paul Zakaib, Jr., Presbyterian
Medical Center, and multiple letters to the Warden at Mr. Carr's
facility.

On August 17, 2012, the court entered its Judgments in
these two actions denying, respectively, a petition for habeas corpus
filed pursuant to 28 U.S.C. § 2254 and dismissing a claim filed
pursuant to 42 U.S.C. § 1983.

On October 9, 2012, the court received

from Mr. Carr a letter-form request, which request was construed as
a motion filed pursuant to Federal Rule of Civil Procedure 60(b) and
denied.
To the extent that Mr. Carr seeks relief from the Judgments
earlier entered in the case based upon events occurring in this
district, he has not demonstrated grounds sufficient under Rule 60(b)
to warrant relief.

To the extent Mr. Carr complains about prison

conditions and inadequate medical treatment at the Northern Regional
Jail and Correctional Facility for ongoing physical ailments,
including eye, hernia, and kidney conditions, he is required to
pursue relief in the Northern District of West Virginia.3
The court, accordingly, ORDERS that the aforementioned
letter-form motions be, and they hereby are, denied, with leave for
Mr. Carr to pursue his medical treatment and prison condition claims
in the district of his incarceration if he so chooses.

3

Mr. Carr asserts that he was taken to Morgantown, West Virginia
on January 8, 2013, and medically evaluated. The examining
physician advised that Mr. Carr was losing his sight but that the
condition could be slowed with treatment.
2

The Clerk is directed to forward copies of this written
opinion and order to Mr. Carr, all counsel of record, and the Warden
of the Northern Regional Jail and Correctional Facility.
DATED: February 8, 2013
John T. Copenhaver, Jr.
United States District Judge

3