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Logue v. Root

United States District Court, D. Montana, Missoula Division

July 17, 2019

CLARENCE REDMOND LOGUE, Plaintiff,
v.
JENNIFER ROOT; C.D.O. COOPER; TAMMY BOWEN; LIZ FISHER; and MICHAEL BUCKLEY, Defendants.

          ORDER

          Jeremiah C. Lynch, United States Magistrate Judge

         Plaintiff 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).

         On July 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 without filing.

         Also on 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.

         On July 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.

         On July 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.

         On July 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.

         Logue 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.

         In this 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.

         Based on the foregoing, the Court enters the following:

         ORDER

         1. The clerk shall not file but will return to Logue the documents the Court received from him after the Order of July 2 was issued.

         2. 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 2019.

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 ...

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