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Hale v. Harrison County Board of Supervisors

United States District Court, S.D. Mississippi, Southern Division

February 4, 2015

JOHN HALE, Plaintiff,
v.
HARRISON COUNTY BOARD OF SUPERVISORS et al., Defendants.

REPORT AND RECOMMENDATIONS

JOHN C. GARGIULO, Magistrate Judge.

BEFORE THE COURT are five Motions, filed by Plaintiff John Hale, a state prisoner, who is proceeding pro se and in forma pauperis:

1. [12] Petition for Contempt Proceedings as to the Consent Decree Against the Harrison County Jail;
2. [13] Motion for Emergency Injunctive Relief from Vengeful Punitive Action Taken by Defendant Dr. Coulter;
3. [23] Motion for Enforcement of Consent Decree and Ruling on Plaintiff's Request for Injunction to Stop Retaliatory Acts and Refill Medications That Were Stopped for Retaliation Alone;
4. [63] Motion for Temporary Restraining Order; and
5. [107] Motion for Immediate Ruling on Temporary Restraining Order.

By Report and Recommendations [49], the previously-assigned Magistrate Judge recommended that Motions [12, 13, and 23] be denied. The Report and Recommendations noted, however, that a omnibus hearing was contemplated to develop the allegations advanced by Hale. An omnibus hearing having now been held, the undersigned is of the opinion that it remains proper to deny Motions [12, 13, and 23]. In Motions [63 and 107], Hale requests the same relief as requested in Motions [12, 13, and 23]. It is accordingly recommended that Motions [63 and 107] also be denied.

I. BACKGROUND

Prisoner John Hale seeks relief pursuant to 42 U.S.C. ยง 1983, the Americans with Disabilities Act, and a consent decree. Hale has sued the Harrison County Board of Supervisors and various prison officials and medical providers at the Harrison County Adult Detention Center ("HCADC"). The Motions now before the Court concern Hale's request for preliminary injunctive relief and his allegation that he is entitled to enforce a consent decree between the United States and Harrison County, Mississippi.

This is the seventh suit that Hale has filed in this Court, and it is the sixth time that Hale has sued Harrison County:

1. Hale v. Harrison Co., et al., 1:03cv840-LG-JMR;
2. Hale v. Rios, 1:04cv461-DMR;
3. Hale v. State of Mississippi, ...

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