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Davis v. Geo Group Corrections Inc.

United States District Court, W.D. Oklahoma

March 7, 2018

EZEKIEL DAVIS, Plaintiff,
v.
GEO GROUP CORRECTIONS, INC., AMBER MARTIN, V.P., et al., Defendants.

          REPORT AND RECOMMENDATION

          SUZANNE MITCHELL, UNITED STATES MAGISTRATE JUDGE.

         I. Case status.

         Ezekiel Davis (Plaintiff)-a prisoner in the custody of the Oklahoma Department of Corrections (DOC) and currently housed at Davis Correctional Facility (DCF), Doc. 37, [1]-seeks relief under 42 U.S.C. § 1983 for alleged constitutional violations while incarcerated at Lawton Correctional Facility (LCF).[2] See Doc. 20.[3] Plaintiff appears pro se.[4]

         Following initial screening, see Docs. 55, 60, Plaintiff's claims against twelve Defendants for monetary and injunctive relief[5] remain. See Doc. 20, at 1, 5, 6, 7, 8. These Defendants include nine LCF officials: Warden Rios; Medical Supervisor Thomas; Doctor Gonzaga; Grievance Coordinator Durant; Nurse Practitioner Denton; Doctor Musallam; Medical Director John/Jane Doe; Correctional Officer Adams; and Correctional Officer Dawson. Id. Plaintiff identifies the three other Defendants as: GEO Group Corrections, Inc., Amber Martin, V.P.; Dan Ronay, Correct Care Solutions (CCS)[6]supervisor; and John Doe, podiatrist and director of Lawton Foot Clinic. Id.

         Ahead of an order for service and a special report in this matter, [7] the undersigned has carefully considered Plaintiff's pending motions for injunctive relief, Docs. 21, 40, 49, and, for the following reasons, recommends that Judge Heaton deny the motions as moot.

         II. Pending motions for injunctive relief.

         A. February 10, 2017 motion. Doc. 21.

         Here, as is relevant to his remaining claims in this matter, Plaintiff- who was then housed at LCF-sought injunctive relief against the following Defendants: GEO Group Corrections Inc., Amber Martin, V.P.; Warden Rios; Dan Ronay, CCS supervisor; Medical Supervisor Thomas; Doctor Gonzaga; Dr. Musallam; Nurse Practitioner Denton; Correctional Officer Dawson; Grievance Coordinator Durant; and Correctional Officer Adams. Id. at 1. He requested an order “enjoining the said defendants . . . to cease the use of excessive force, punitive punishment by housing Plaintiff on RHU for no reason, to provide adequate medical service by sending Plaintiff to get and MRI and see Neurologist to determine the cause of Plaintiff's back pain . . . .” Id. at 1-2.

         B. June 26, 2017 motion. Doc. 40.

         Now confined at DCF[8] following a May 30, 2017 transfer, [9] Plaintiff, as is relevant to his remaining claims in this matter, “petition[ed] this court to expedite the Temporary Restraining Order [and] to order GEO Group to provide adequate medical care by provide MRI and than Neurologist Medical Care to be charged to GEO Group Corr., Inc. . . .” Id. at 2.

         C. August 23, 2017 motion. Doc. 49.

         In his “Supplemental to Temporary Restraining Order, Preliminary and Permanent Injunction, ” id. at 1, and as is relevant to his remaining claims in this matter, Plaintiff-still housed at DCF-sought injunctive relief against these Defendants: GEO Group Corrections Inc., Amber Martin, V.P.; Warden Rios; Medical Supervisor Thomas; and Dan Ronay, CCS supervisor. Id. Att. 6, at 1. He requested an order “enjoining the said defendants . . . to provide adequate medical treatment for Plaintiff spinal condition, such as MRI and send him to a Neurologist, and provide any and all appropriate treatment that the Neurologist prescribe.” Id.

         III. Analysis.

         Plaintiff's claims remain against the Defendants he seeks to enjoin: GEO Group Corrections Inc., Amber Martin, V.P.; Warden Rios; Dan Ronay, CCS supervisor; Medical Supervisor Thomas; Doctor Gonzaga; Dr. Musallam; Nurse Practitioner Denton; Correctional Officer Dawson; Grievance Coordinator Durant; and Correctional Officer Adams. Docs. 21, 40, 49. Nonetheless, because Plaintiff is no longer housed in a facility owned and operated by the GEO Group or staffed by employees hired by CCS, these Defendants cannot effect the injunctive relief he seeks, and his requests for injunctive relief are moot. See Toevs v. Milyard, 563 F. App'x 640, 645 (10th Cir. 2014) (“Transfer generally moots an inmate's claims for remedies of declaratory and injunctive relief.”); Rodriquez v. Wiley, No. 08-cv-02505-PAB-CBS, 2010 WL 1348021, at *1 (D. Colo. Mar. 31, 2010) (noting that since filing his request for injunctive relief challenging “the alleged ...


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