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Pinson v. Kasdon

United States District Court, D. Colorado

February 7, 2014

JEREMY PINSON, Plaintiff,
v.
KASDON, Defendant.

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER

BOYD N. BOLAND, Magistrate Judge.

This matter arises on the plaintiff's Verified Emergency Motion for Temporary Restraining Order/Preliminary Injunction and or Protective Order [Doc. #34, filed 10/17/2013] (the "Emergency Motion"). I respectfully RECOMMEND that the Motion be DENIED.

The plaintiff is proceeding pro se, and I must liberally construe his pleadings. Haines v. Kerner , 404 U.S. 519, 520-21 (1972). I cannot act as advocate for a pro se litigant, however, who must comply with the fundamental requirements of the Federal Rules of Civil Procedure. Hall v. Bellmon , 935 F.2d 1106, 1110 (10th Cir. 1991).

The plaintiff currently is 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 has filed 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, Dr. Kasdon, (1) disconnected his sink and toilet for at least four days; (2) confiscated the plaintiff's asthma inhalers causing breathing difficulties and an inability to eat; and (3) sexually assaulted him.

In his Emergency Motion, the plaintiff states that on September 27, 2013, he requested mental health treatment from Dr. Kasdon, but she refused to provide the treatment and threatened to have him murdered. Emergency Motion, pp. 2-3. In a declaration attached to his Emergency Motion, the plaintiff states under penalty of perjury the following:

On or about September 27, 2013, I attempted to see (talk) to Dr. Kasdon. And she immediately replied "I'm not doing anything for inmates whom [sic] file lawsuits against BOP staff and me, and that means you Mr. Pinson. The only thing I'll do for you Pinson is when I find the right person is pay them to kill you.["] And walked off from my cell denying me any treatment for my suicide thoughts etc. or mental illness.

Emergency Motion, p. 14.

The plaintiff also attached to his Emergency Motion the declaration of inmate Mikeal Stine, who claims to have witnessed Dr. Kasdon's threat "with [his] own ears" and "with [his] own eyes."[1] Id . at p. 12. Mr. Stine states under penalty of perjury that:

Inmate Pinson whom [sic] is in cell number (9) ingaged [sic] conversation with Dr. Kasdon and Dr. Kasdon immediately reacted hostile toward inmate Pinson stating I'm not doing anything for inmates whom [sic] file lawsuits against BOP staff and myself and that means you Mr. Pinson. The only thing I'll do for you is when I find the right person is pay them to kill you and walked off ...

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