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Moore v. Corpening

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

July 30, 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) Plaintiff's 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) Plaintiff's 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) Plaintiff's Motion for Finding of Contempt to Enforce for Further Relief to Ensure Compliance [Doc. 23];

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

         (6) Plaintiff's 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) Plaintiff's Motion for Transfer 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];

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

         (9) Plaintiff's Motion to the Court to Have Plaintiff Transferred While Case is Pending to H-CON; for the Reasons of Constant Retaliations from Thomas Hamilton and his Officials in Concert with Him; and the Lost [sic] of Plaintiff Personal Property in There [sic] Possession; and the Ventilation Problem Still [Doc. 34]; and

         (10) Plaintiff's Motion Only to Verify That I Need to be Transferred for my Health Seriously [Doc. 35].

         I. BACKGROUND

         Pro se Plaintiff Brice C. Moore (“Plaintiff”) is a prisoner of the State of North Carolina, currently incarcerated at Marion Correctional Institution (MCI) in Marion, North Carolina. Plaintiff filed this action on March 22, 2019, pursuant to 42 U.S.C. § 1983, naming the following as Defendants: (1) H. Corpening, identified as the Superintendent of MCI; (2) FNU Watkins, identified as the ...


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