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Moore v. H. Corpening

United States District Court, W.D. North Carolina, Asheville Division

June 28, 2019

BRICE CHRISTOPHER MOORE, Plaintiff,
v.
H. CORPENING, et al. Defendants.

          ORDER

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on the following:[1]

         (1) Motion to Make a Request for Defendants to do on Other Grounds that the Court Didn't Grant in the Answers to Plaintiff's Complaint; Motion for an Order to Reconsider Plaintiff Conditions [Doc. 21];

         (2) Motion to Make Marion Correctional to Disconnect Plaintiff Vents from his Cell Which the Court Order on 5-30-2019 and Marion Correctional Refuses to Comply and to Receive the Protection that Plaintiff Keep Pleading to the Courts for Protection for His Life [Doc. 22];

         (3) Motion for Finding of Contempt to Enforce for Further Relief to Ensure Compliance [Doc. 23];

         (4) Motion to be Transferred from Marion Correctional to H-CON Higher Security Lock-Up Facility for Plaintiff's Safety. Reasons Stated Below. [Doc. 25];

         (5) Motion to Have Ventilation System Tested for Bacteria in E-Unit Restrictive Housing. And Not Focussing on the Expense for an Ongoing Inhumane Condition of Bacteria Exiting Out of the Ventilation System [Doc. 26];

         (6) Motion for Transfer for Plaintiff Health from Fumes of Fecals in the Ventilation System and Administrative Refusing Court Orders by Trying to Take an Easy Way Out, When There is Several Solutions to Resolve the Problem [Doc. 27];

         (7) Motion for Transferer to H-CON for the Reasons of Thomas Hamilton Refusing to Disconnect Plaintiff's Vents from His Cell Location, and the Courts Not Having the Vents Tested Has Continue to Place the Plaintiff in Extreme Danger. Plaintiff is Already Constantly Sick from the Fumes and Continues to be Sick [Doc. 28]; and

         (8) Motion for Transfer to H-CON Maximum Security [Doc. 29].

         In reviewing and attempting to distill the Plaintiff's eight motions before the Court, it seems Plaintiff seeks three primary things: (1) the Defendants' compliance with the Court's May 31, 2019 Order; (2) the testing of the ventilation system in Plaintiff's housing unit for bacteria; and (3) transfer to Polk Correctional Institution's high-security maximum control unity (HCON) in Butner, North Carolina. The Court, however, is without sufficient information to efficiently and collectively rule on Plaintiff's motions. As such, the Court will order Defendants to respond to Plaintiff's motions, specifically but not limited to these three categories of relief enumerated by the Court. Defendants shall also include in their response a sworn statement by Defendant Corpening, or other official at Marion Correctional Institution was sufficient knowledge and authority, regarding:

         (1) exactly what measures have or have not been taken at MCI to comply with the Court's May 31, 2019 Order [Doc. 17];

         (2) why such measures were ...


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