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Pinson v. Casden

United States District Court, Tenth Circuit

December 20, 2013

JEREMY PINSON, Plaintiff,
v.
CASDEN, FNU, Defendant.

ORDER

BOYD N. BOLAND, Magistrate Judge.

This matter arises on the following materials filed by the plaintiff:

(1) Motion to Supplement [Doc. #60, filed 11/13/2013] (the "First Motion");

(2) Motion to Compel and for Sanctions [Doc. #62, filed 11/15/2013] (the "Second Motion");

(3) Motion to Strike [Doc. #64, filed 11/15/2013] (the "Third Motion");

(4) Motion for Reconsideration of Order [Doc. #67, filed 12/02/2013] (the "Fourth Motion"); and

(5) A letter filed by Mikeal Glenn Stine [Doc. #68, filed 12/04/2013].

The plaintiff is currently incarcerated by the Federal Bureau of Prisons ("BOP") at the United States Penitentiary-Administrative Maximum in Florence, Colorado ("ADX"). He filed his Prisoner Complaint on May 28, 2013 [Doc. #1] (the "Complaint").

The plaintiff is an abusive filer and is well-known to the court. He has filed at least 30 cases in this court over the last five years and numerous cases in other federal district courts. The plaintiff's abusive filing history is addressed in Document #5, and is obvious from Attachment A to the Complaint [Doc. #1, pp. 9-14] which lists approximately 125 previous cases filed by the plaintiff.

The plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 and has been assessed three strikes under 28 U.S.C. § 1915(g). Section 1915(g) provides:

In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

The plaintiff was granted leave to proceed in forma pauperis [Doc. #15] based on allegations in the Complaint that the defendant (1) disconnected his sink and toilet for at least four days; (2) confiscated the plaintiff's asthma inhalers causing breathing difficulties for four days and inability to eat; and (3) sexually assaulted him.

On October 17, 2013, the plaintiff filed a motion for injunctive relief [Doc. #34]. The plaintiff alleges that on September 27, 2013, the defendant refused to provide him with medical care and threatened to have him murdered in retaliation for filing lawsuits against her and other BOP staff. On October 21, 2013, I set the ...


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