UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

MICHAEL MARK MARTIN, ) 

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6: 15-cv-00226-PK 

Plaintiff, 

v. 

OREGON DEPARTMENT OF 

CORRECTIONS, et al., 

Defendants. 

PAPAK, Magistrate Judge. 

ORDER 

I. Plaintiff's Motion for Leave to File an Amended Complaint [25] 

Plaintiff seeks leave to file an amended complaint in this 

prisoner civil rights action on the basis: (l) that due to 

restricted legal library computer access, his previously filed, 

hand-written complaint only had very basic facts and no supporting 

documentation; (2) that new, related claims have come to light and 

should be included in the complaint; and (3) that he has identified 

new defendants, including one previously listed as "Jane Doe". 

1 - ORDER 

Case 6:15-cv-00226-PK Document 34 Filed 11/03/15 Page 1 of 4
Defendants take no position on plaintiff's motion, but have 

requested a protective order concerning discovery and a stay in 

responding to plaintiff's motion for injunctive relief pending the 

Court's resolution of the motion for leave to file an amended 

complaint. Plaintiff's Motion for Leave to File an Amended 

Complaint is GRANTED. In addition, the Court grants plaintiff's 

Motion to Substitute a Party [29] . The Clerk of Court is directed 

docket plaintiff's proposed amended complaint and attachments as 

the operative pleading in this action and to add Ms. Aguinaga as a 

defendant in the case. Also, with this Order, the Court will issue 

a new Notice of Lawsuit and Request for Waiver of Service of 

Summons as to Ms. Aguinaga. 

As the Court is granting plaintiff's Motion to Amend his 

Complaint, defendants' Motion for a Protective Order and Stay [26] 

and plaintiff's pending Motions [28] & [32] regarding the current 

scheduling order and outstanding discovery requests are DENIED as 

moot. 

II. Motion for Preliminary Iniunction [22] 

In his motion for injunctive relief, plaintiff seeks an Order 

from the Court enjoining defendants from: (1) installing ladders 

in cells with less than 60 square feet per man; and (2) double 

celling inmates in cells with less than 60 square feet per man. 

Ordinarily, a preliminary injunction maintains the status quo 

pending a final decision on the merits. University of Texas v. 

2 - ORDER 

Case 6:15-cv-00226-PK Document 34 Filed 11/03/15 Page 2 of 4
Camenisch, 451 U.S. 390, 395 (1981). Plaintiff is asking the Court 

to alter the status quo by granting him, before trial, the very 

relief he hopes to obtain through this action. Such a "mandatory 

injunction," as it is known, is granted only in extraordinary 

circumstances. See LGS Architects, Inc. V. Concordia Homes of 

Nevada, 434 F.3d 1150, 1158 (9th Cir. 2006). Plaintiff has not 

shown that the present case rises to that level and his motion for 

preliminary injunction is denied. 

III. Plaintiff's Second Motion for Appointment of Counsel [31] 

For the reasons set forth in the Court's prior Order [8] 

plaintiff's Motion [31] is DENIED. 

CONCLUSION 

Based on the foregoing, plaintiff's Motion for Leave to File 

a Second Amended Complaint [25] and Motion to Substitute Party [29] 

are GRANTED. The Clerk of Court is directed docket plaintiff's 

proposed amended complaint and attachments as the operative 

pleading in this action and to add Ms. Aguinaga as a defendant in 

the case. Also, with this Order, the Court will issue a separate 

Notice of Lawsuit and Request for Waiver of Service of Summons as 

to Ms. Aguinaga. 

Ill 

Ill 

3 - ORDER 

Case 6:15-cv-00226-PK Document 34 Filed 11/03/15 Page 3 of 4
Plaintiff's Motion for Preliminary Injunction [22] and Second 

Motion for Appointment of Counsel [31] are DENIED. All other 

motions currently pending before the Court are DENIED as moot. 

IT IS 

DATED 

SO ORDERlj!D. 

1fCI\ this L day 

4 - ORDER 

~;Jembe , 

_/ ,p 

ates Magistrate Judge 

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