Lummus 102598 v. Shinn ( 2023 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 David Wayne Lummus, No. CV-22-02079-PHX-ROS (ESW) 10 Plaintiff, ORDER 11 v. 12 David Shinn, et al., 13 Defendants. 14 15 On July 17, 2023, the Court denied Plaintiff’s request for a preliminary injunction. 16 (Doc. 56). Shortly thereafter, Plaintiff filed a Motion for Reconsideration as well as a 17 request to supplement his motion for reconsideration with a declaration. (Doc. 58, 59). In 18 those documents Plaintiff states he was expecting to receive “medical records” from 19 “another agency.” Those records allegedly will establish Plaintiff is allergic to the adhesive 20 found in disposable diapers, contact with the adhesive produces a rash, and cloth diapers 21 are needed. (Doc. 60 at 13). Plaintiff is free to renew his request for preliminary relief 22 when he receives those records or if he has other records establishing he is entitled to 23 immediate relief because he is suffering an adverse reaction to his current diapers or is not 24 receiving any supplies for his incontinence. If Plaintiff does renew his request, he should 25 clearly identify the diapers (if any) he currently is receiving from medical personnel and 26 why those diapers are insufficient. At present, however, Plaintiff has not made a 27 sufficiently “clear showing,” he is entitled to relief. Mazurek v. Armstrong, 520 U.S. 968, 28 972 (1997) (emphasis in original). 1 Accordingly, 2 IT IS ORDERED the Motion to Supplement (Doc. 59) is GRANTED. The Clerk 3 || of Court shall file the declaration lodged at Docket 60. 4 IT IS FURTHER ORDERED the Motion for Reconsideration (Doc. 58) is 5 || DENIED. 6 Dated this 8th day of September, 2023. 7 fo - 7 Honorable Roslyn ©. Silver 10 Senior United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-