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Moses v. Stewart

United States District Court, D. Maryland

September 12, 2016

JOSHUA MOSES, Prison Identification No. 55716-066, Plaintiff,
v.
TIMOTHY STEWART, Warden, S. MOHAMED MOUBAREK, Clinical Director, MARIA ARVIZA, Associate Warden, STEPHANY MCGANN, Physician, JAMIE HAMILTON-RUMER, Health Services Administrator, ALLISON FOOTE, Assistant Health Services Administrator, TODD, Duty Nurse, HALL, Duty Nurse, VARIMETER, Duty Nurse, BOCH, Duty Nurse, SWICK, Duty Nurse, CONNOR, Unit Manager, FAZENBAKER, Case Manager, M. MUIR, Correctional Counselor, and HERSHENBERGER, Psychologist, Defendants.

          Joshua Moses, Plaintiff, Pro Se.

          Timothy S. Stewart, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          S. Mohamed Moubarek, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Maria Arviza, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Stephany McGann, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Jamie Hamilton-Rumer, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Alison Foote, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Todd, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Hall, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Varimeter, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Boch, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Swick, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Fazenbaker, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          M. Muir, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          Hershenberger, Defendant, represented by Alex S. Gordon, Office of the United States Attorney.

          United States of America, Interested Party, represented by Alex S. Gordon, Office of the United States Attorney.

          MEMORANDUM OPINION

          THEODORE D. CHUANG, District Judge.

         On December 18, 2015, Plaintiff Joshua Moses, currently confined at the Federal Correctional Institution in Cumberland, Maryland ("FCI Cumberland"), filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. On December 28, 2015, he filed a Motion for a Temporary Restraining Order and a Preliminary Injunction. The substance of Moses's Petition and Motion, that prison staff have been deliberately indifferent to his serious medical condition, prompted this Court to construe his petition for writ of habeas corpus as a civil rights action under Bivens v. Six Unknown Named Agents,403 U.S. 388 (1971), alleging a violation of Moses's right under the Eighth Amendment to the United States Constitution to be free from cruel and unusual punishment. Based on Moses's allegations, the Court ordered Defendants to file a Response to the Motion. After Defendants filed their Response on February 2, 2016, Moses filed a Reply memorandum of law on ...


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