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Rummer v. State

United States District Court, Eighth Circuit

January 7, 2014

Werner Wolfgang Rümmer, Plaintiff,
v.
State of North Dakota, et al., Defendants.

ORDER

CHARLES S. MILLER, Jr., Magistrate Judge.

On October 23, 2013, plaintiff Werner Wolfgang Rümmer ("Rümmer") filed requests for: court-appointed counsel, leave to amend the pleadings, the appointment of a special investigator, an examination by an independent physician, and a permanent placement at the James River Correctional Center ("JRCC"). For the reasons set forth below, the requests are denied.

I. BACKGROUND

Rümmer filed a complaint in March 2012, that contained thirty-two enumerated claims against fifteen different defendants. The court allowed Rümmer to proceed with his claim against Kathy Backmeier, Jessica Wilkins, and Dr. John Hagan for deliberate indifference to his serious medical needs and his retaliation claim against Warden Schmalenberger. It dismissed the remainder of his claims without prejudice.

On October 23, 2013, Rümmer filed a 17-page missive in which he claimed that North Dakota State Penitentiary ("NDSP") staff had retaliated against him for filing the above-entitled action by: (1) denying him timely treatment in the spring of 2013 for what was eventually diagnosed as a severe case of shingles; (2) filing bogus disciplinary reports against him; (3) arranging for his transfer from the NDSP to the JRCC; and (4) threatening, harassing, and otherwise badgering him. He further claims that Warden Schmalenberger intentionally put his life in jeopardy to the extent that she had him placed in close proximity to Kevin Austin, a fellow inmate on whom he had once informed and at whose murder trial he had testified. Finally, he claimed to have suffered a nervous breakdown on account of the staff's combined actions. He requested the following:

1) In light of plaintiff's nervous breakdown, this court appoints court-appointed counsel in this matter and all future proceedings in regards to Case No. 1:12-cv-020.
2) In light of several repeated acts of retaliatory strikes against the plaintiff, plaintiff requests this court orders a protection order against Defendants Schmalenberger, Wilkens, Bachmeier, Hagan and yet unnamed defendants, including Captain Darcy Klimpel until this action, Case No. 1:12-cv-20 is resolved.
3) Plaintiff be allowed, in light of his nervous breakdown which began approximately March 2013, to add further claims and defendants, and for this court to recind the August 2, 2013 deadline to add claims and/or defendants in this matter.
4) That the court appoint a federal entity to investigate Defendant Schmalenberger's conspiracy to commit the plaintiff's death via the Kevin Austin fiasco.
5) Plaintiff moves this court to reinstate Correctional Officer Captain Darcy Klimpel in light of the threats he made against the plaintiff surrounding Captain Klimpel's threats to Plaintiff in April 2013.
6) That the court orders an independent physician and neurologist to treat the plaintiff's spinal cord injury because after 4 years of "playing games, " with the plaintiff's severe injury and continuing medical neglect and that the plaintiff's court-appointed counsel confer with the plaintiff to appoint an independent physician and an independent neurologist not affiliated in any way with the North Dakota Department of Corrections and Rehabilitation, to be paid for by the ND Department of Corrections.
7) That plaintiff was transferred to the James River Correctional Center on September 30, 2013 because plaintiff suffered a nervous breakdown due to defendants combined actions, that plaintiff now be allowed to remain at JRC under the protection of JRCC Warden Don Redmann until such time that this action is completed and/or the plaintiff be turned over to the Department of Homeland Security to execute a deportation order issued by an DHS immigration judge on June 3, 2011.

(Docket No. 61) (errors in original).

On October 25, 2013, defendants filed a response in opposition to Rümmer's requests. On November 4, 2013, Rümmer filed his reply. On November 14, 2013, the court received correspondence from Rümmer wherein he requested leave to withdraw ...


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