Opinion
CV-21-00422-TUC-DCB
05-18-2023
Mikeal Glenn Stine, Plaintiff, v. Unknown Merrell, et al., Defendants.
ORDER
Honorable David C. Bury, United Stales District Judge
This case is closed. The Court entered Judgment (Doc 72) for Defendants after granting a Motion for Judgment on the Pleadings, (Order (Doc. 71)). On May 8, 2023, simultaneously, the Plaintiff filed a Notice of Appeal (Doc. 75) and Emergency Motion for Temporary Restraining Order (TRO) (Doc. 74). The motion is not related to the Bivens claims originally raised in this action, which the Court dismissed for lack of subject matter jurisdiction. Compare (Motion (Doc. 74) (alleging correctional officer came to his cell on March 24, 2023, with pistol and threatened to murder his cell mate and him) with (Screening Order (Doc. 13) (alleging that in 2021, Defendants denied him protective custody from other inmates who threatened and attacked him). The Court will not construe ///// ///// ///// ///// ///// the Emergency Motion for TRO as a motion for reconsideration. The Plaintiff must file a new case to allege new claims against new defendants.
Three of Plaintiff's prior actions or appeals qualify as “strikes” under § 1915(g), . . . [t]herefore, Plaintiff may not bring a civil action without complete prepayment of the $350.00 filing fee and $50.00 administrative fee unless he is in imminent danger of serious physical injury.” (Order (Doc. 13) at 2 (citing 28 U.S.C. § 1915(g)).
Accordingly,
IT IS ORDERED that the Emergency Motion for Temporary Restraining Order (Doc. 74) is DENIED.