Opinion
CIVIL ACTION NO. 06-10766-RWZ.
July 10, 2007
ORDER
This case is substantially identical to Civil Action No. 06-10569-RWZ except that it is brought against not only personnel at the Massachusetts Treatment Center at Bridgewater, but also against officials and correction officers at MCI-Cedar Junction. Indeed, plaintiff has moved to consolidate these cases because of their similarity (Docket # 51). He complains that defendants censored his incoming and outgoing personal mail, confiscated it, and caused it be used against him in a trial held to determine whether he is a sexually dangerous person.
Defendants have moved to dismiss or for summary judgment (Docket # 47) which motion has spawned others that relate to it (Docket ## 48, 49, and 50). Plaintiff has filed motions "to compel defendants to allow plaintiff legal copying in his presence" (Docket # 56) and for the appointment of counsel (Docket # 52), also with attendant requests.
Plaintiff's motion for the appointment of counsel (Docket # 52) is denied as is his motion to compel (Docket # 56). The related motion to stay rulings on defendant's motion to dismiss pending ruling on the counsel motion (Docket # 57) is denied as moot. However, plaintiff may file any opposition to the motion to dismiss on or before July 30, 2007.
Defendants' motion to stay these proceedings pending ruling on the motion to dismiss (Docket # 50) is allowed. Defendants attached to their motion to dismiss an "Exhibit 2," the findings, rulings and order of the judge who heard the petition for commitment of plaintiff. Plaintiff objects to the use of the document in support of the motion to dismiss (Docket # 53), and defendants move to seal it (Docket # 49). Since the document is highly relevant to the complaint and admissible, the objections are overruled. The motion to seal is denied as the document has already been published in Westlaw.
The court will rule on plaintiff's motion to consolidate (#51) after its decision on the motion to dismiss.