Opinion
CV-21-00422-TUC-DCB
02-02-2022
Mikeal Glenn Stine, Plaintiff, v. Unknown Merrell, et al., Defendants.
ORDER
Hon. David C. Bury United States Judge
On January 10, 2022, the Court issued the screening Order in this case and allowed Plaintiff to proceed in forma pauperis on Count One, alleging violations of the Eighth Amendment. Plaintiff alleges Defendants denied him protective segregation housing after being informed that gang members were planning to attack and kill him. The Court ordered the Complaint, Summons, and accompanying Motion for Temporary Restraining Order, treated like a Motion for Preliminary Injunction, served by the United States Marshall. Service is now pending.
On January 31, 2022, the Plaintiff filed another Motion for Temporary Restraining Order (Doc. 15). The Court denies this subsequently filed Motion for TRO because it alleges issues wholly unrelated to the claim alleged in Count One. As Plaintiff has been repeatedly told in other cases, he cannot bootstrap other unrelated claims into a pending case; “a pending civil rights case is not a funnel for every grievance experienced by a prisoner during the pendency of the case.” (CV 20-187 TUC DCB (Order (Doc. 128) at 9-10 (citing Order (Doc. 86) at 2-3)). This is especially true here because the Plaintiff has been found to repeatedly file frivolous and malicious claims and, therefore, is barred from proceeding in forma pauperis, except if he is under imminent danger of serious physical injury. Only Count One of the Complaint alleged such a cause of action. The recently filed Motion for TRO alleges a litany of other grievances, none of which are factually related to the claim that the Defendants denied him protective segregation housing, which was needed to protect him from being attacked and killed by a prison gang.
Accordingly,
IT IS ORDERED that the Motion for Temporary Protective Order (Doc. 15) is DENIED, without prejudice to these claims being brought in a separate cause of action. Dated this 2nd day of February, 2022.