United States District Court, D. Montana, Missoula Division
Jeremiah C. Lynch, United States Magistrate Judge
Logue filed this action on June 13, 2019. On June 28, 2019,
the Court requested a waiver of service of summons from
Defendants Root, Cooper, and Bowen and recommended dismissal
of Defendants Fisher and Buckley. See Order (Doc. 11);
Findings and Recommendation (Doc. 10).
2, 2019, the Court denied Logue's motions for counsel and
for leave to file exhibits. After that Order was issued, the
Court received additional motions seeking leave to
“enter evidence.” Parties do not enter evidence
into a court's record by mailing it in. These motions are
equivalent to asking the Court to act as a warehouse. The
motions and the attached documents will be returned to Logue
July 2, the Court gave Logue one final opportunity to state
any claims on which he intends to proceed alleging denial of
his right to adequate medical care, denial of his right to
adequate mental health care, and retaliation or denial of his
right to due process. See Order (Doc. 16) at 2-5.
5, 2019, the Court received another motion to amend from
Logue (Doc. 17). Presumably it crossed in the mail with the
Order of July 2. This motion to amend is addressed in a
separate Findings and Recommendation, as are portions of
Logue's response to the Order of July 2, 2019.
8, 2019, Logue filed a motion for partial summary judgment on
his claim that he was unlawfully deprived of funds in his
jail trust account in Flathead County in the spring of 2017.
See Order (Doc. 16) at 1; Pl. Mot. for Summary Judgment (Doc.
18). The defendants named in connection with this claim are
the ones who were asked to waive service on June 28. They
have not yet appeared and are not yet required to appear.
Consequently, Logue's assertion that any aspect of his
claim is “undisputed” is wrong. Neither Logue nor
the Court yet know what aspect or aspects of his claim the
defendants will dispute. Consideration of the motion will be
stayed until an appropriate time. Logue should not submit
additional similar motions.
13, 2019, Logue responded (Doc. 19) to the Court's Order
of July 2. He “requests to add only Planned
Parenthood” as the person or entity responsible for
depriving him of adequate medical care at the Missoula
Sanctions and Assessment Center in the spring of 2019. See
Supplemental to Amended Complaint (Doc. 19) at 1. These
allegations relate to allegations found at page 8 of
Logue's original complaint (Doc. 2) and his response
(Doc. 9) to the Court's Order of June 21, 2019 (Doc. 7).
Logue's claim against Planned Parenthood alleges
deprivation of medical care at a different location and by
different persons than the property-deprivation claims at
issue in Cause No. CV 19-101-M. Consequently, the
medical-care claims will be severed and addressed in a
separate action under a separate case number. See Federal
Rules of Civil Procedure 20, 21.
is advised that this action, No. CV 19-101-M, will involve
one claim, viz., his allegation regarding deprivation of
funds in his Flathead County jail trust account. That
deprivation was over and done in the past, and it involves
specific defendants. The Court will consider whether those
defendants unlawfully deprived Logue of his property, but it
will not consider whether anyone else is currently depriving
him of property of the same kind. A prisoner's filing of
a civil lawsuit does not involve the Court in the
prisoner's ongoing involvement with law enforcement
authorities. Logue may have remedies available for other
alleged deprivations, but not in this action. See Order (Doc.
16) at 6 ¶ E.
action, the defendants whom Logue accuses of violating his
civil rights are entitled to due process and have not yet had
a fair opportunity to appear and defend. The Order of June 28
explains what they must do and when. Logue does not need to
submit anything further at this time.
on the foregoing, the Court enters the following:
clerk shall not file but will return to Logue the documents
the Court received from him after the Order of July 2 was
Logue's “Supplemental to Amended Complaint”
(Doc. 19) is GRANTED to the extent he names a defendant
responsible for depriving him of adequate medical care at the
Missoula Sanctions and Assessment Center in the spring of
a. The clerk will open a new civil action, file pages 8, 10,
and 11 of the Complaint (Doc. 2), Resp. to Order (Doc. 9),
and “Supplemental to Amended Complaint” (Doc.
19), as ...