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White v. Jindal

United States District Court, E.D. Michigan, Southern Division

October 20, 2016

MARK WHITE, Plaintiff,
v.
ROSILYN JINDAL, et al., Defendants.

          AVERN COHN DISTRICT JUDGE

         OPINION AND ORDER 1) GRANTING IN PART PLAINTIFF'S MOTION TO VOLUNTARILY DISMISS DOC'S 134, 143, 146, 148 AND FOR ORAL ARGUMENTS ON SUMMARY JUDGMENT AND ONGOING CONCERNS OF IMMINENT DANGER [162]; 2) GRANTING IN PART PLAINTIFF'S MOTION TO SEAL RULINGS DUE TO IMMINENT DANGER AND SEEKING JUDICIAL NOTICE OF FACTS AND CURRENT IMMINENT DANGER [136]; AND 3) DENYING PLAINTIFF'S MOTION TO AMEND/CORRECT SCHEDULING ORDER AND TAKE NOTICE OF IMMINENT DANGER [145]

          MONA K. MAJZOUB MAGISTRATE JUDGE

         I. Background

         Plaintiff Mark White, currently a prisoner at the Bellamy Creek Correctional Facility in Ionia, Michigan, filed this pro se civil rights case on December 13, 2013. (Docket no. 1.) He originally alleged claims against a number of defendants related to his healthcare while imprisoned at the Gus Harrison Correctional Facility in Adrian, Michigan, but those claims have been dismissed based on the applicable statute of limitations and for improper joinder. (Docket no. 73 at 6-8.) His remaining claims relate to his refusal to “snitch” on fellow inmates and the alleged failure of Gus Harrison prison officials to properly protect him from gang members. (Docket no. 14 at 5-6.) He sues Defendant Paul Klee, the Warden at the Gus Harrison Facility; Defendant Lee McRoberts, the Deputy Warden; and Defendant C. Condon, a Resident Unit Manager (“Defendants”), all in their official and individual capacities. (Id. at 1.)

         Plaintiff is subject to the three strikes rule in 28 U.S.C. § 1915(g)[1] (see White v. Heyns, No. 13-cv-12104, docket no. 4, E.D. Mich. May 24, 2013); however, he has been allowed to proceed without prepayment of fees in this case because he was able to demonstrate that he was “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); see also docket no. 73 at 7. On April 22, 2014, Plaintiff obtained a Temporary Injunction requiring Defendants to “transfer plaintiff to an MDOC facility that does not have a ‘high concentration' of members of the Gangster's Disciples prison gang.” (Docket no. 44 at 3.) On June 24, 2014, however, the Temporary Injunction was vacated following a determination that Plaintiff was required to seek protection through Michigan Department of Corrections (“MDOC”) administrative procedures before resorting to court-ordered relief. (Docket no. 73 at 5-6.)

         Since that time, Plaintiff has been transferred out of the Gus Harrison Facility. He has continued his efforts to prosecute this case, however, by filing numerous “motions, ” many of which are confusing, repetitive, and procedurally improper. Defendants respond sporadically. Since the dissolution of the Temporary Injunction, the Court has issued a number of orders to move the case along, most notably by appointing counsel for Plaintiff, on September 15, 2015. (Docket no. 121.) On April 1, 2016, however, the Court granted Plaintiff's counsel's motion to withdraw from the case, following a “fundamental breakdown in the attorney-client relationship, ” which counsel alleged was “caused by [Plaintiff's] belligerent insistence upon taking action [counsel] believes to be legally unjustified.” (Docket no. 133 at 6-7.)

         There is currently a litany of Motions pending in this matter:

• Plaintiffs Motion for Emergency Hearing (docket no• 134);
• Plaintiff s Motion to Seal Rulings Due to Imminent Danger and Seeking Judicial Notice of Facts and Current Imminent Danger (docket no. 136);
• Plaintiff s Motion to Amend Complaint to Change the Title of Case and to Add Defendant (docket no. 141); . Plaintiffs Motion of Correction to Motion for Emergency Hearing (docket no. 143);
• Plaintiffs Motion to Amend Scheduling Order and Take Notice of Imminent Danger (docket no. 145);
• Plaintiffs Emergency Motion for Immediate Temporary Injunction to Prevent Physical Injury or Death ...

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