“Where a loss of property is occasioned by a random, unauthorized act by a state employee, rather than by an established state procedure . . . it is difficult to conceive of how the State could provide a meaningful hearing before the deprivation takes place.”
How later courts described this case
- “Where a loss of property is occasioned by a random, unauthorized act by a state employee, rather than by an established state procedure . . . it is difficult to conceive of how the State could provide a meaningful hearing before the deprivation takes place.”
- “[T]o be reasonable . . . , strip and visual body cavity searches must be justified by at least a reasonable suspicion that the arrestee is concealing contraband or weapons.”
- dismissing § 1983 claims against the Sheriff’s Department and against employees in their official capacities, while allowing claims against an individual defendant in his personal capacity to proceed
- affirming dismissal of § 1983 claim against police department because it was not a suable entity apart from the municipality
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ANTONIO MCKINNEY, )
)
Plaintiff, )
)
v. ) 2:25-cv-00355-SDN
)
TROOPER WING, et al., )
)
Defendants. )
ANTONIO MCKINNEY, )
)
Plaintiff, )
)
v. ) 2:25-cv-00367-SDN
)
LEWISTON POLICE )
DEPARTMENT, et al., )
)
Defendants. )
ANTONIO MCKINNEY, )
)
Plaintiff, )
)
v. ) 2:25-cv-00368-SDN
)
ANDROSCOGGIN COUNTY )
JAIL, et al., )
)
Defendants. )
OMNIBUS ORDER
This order concerns three lawsuits Plaintiff Antonio McKinney has brought against
various state defendants.1 Because the factual allegations and issues largely overlap across
the cases, the Court considers them together for clarity and efficiency.
I. Background
Because Mr. McKinney proceeded without prepayment of fees, the Magistrate
Judge reviewed his complaints for dismissal by determining if he “fail[ed] to state a claim
on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B). The Magistrate Judge
recommended dismissal of all but one of the claims across the three suits. Mr. McKinney
timely objected to all three recommended decisions. The Court reviews the Magistrate
Judge’s decisions de novo, see Fed. R. Civ. P. 72(b)(3), and draws all reasonable inferences
in Plaintiff’s favor, see Ocasio-Hernández v. Fortuño-Burset, 640 F.3d 1, 12 (1st Cir.
2011).
The following encounters with law enforcement are at issue in each of Mr.
McKinney’s cases.2
1 In McKinney v. Wing, Mr. McKinney brought claims against Troopers Wing and Hink of the Maine State
Police and the Lewiston Police Department. See Dkt. No. 25-cv-355, ECF No. 1. In McKinney v. Lewiston
Police Department, Mr. McKinney brought claims against the Lewiston Police Department and the
Androscoggin County Jail. See Dkt. No. 25-cv-367, ECF No. 1. In McKinney v. Androscoggin County Jail,
Mr. McKinney brought claims against Androscoggin County, the Androscoggin County Sheriff’s
Department and three named employees, the Androscoggin County Jail (“ACJ”) and six named employees,
ACJ Corporal Litchfield, five unnamed John Doe ACJ corrections officers, the Lewiston Police Department
and two unnamed Lewiston Police officers, and unidentified subcontractors of the ACJ and sheriff’s
department. See Dkt. No. 25-cv-368, ECF Nos. 1, 7.
2 The factual allegations are drawn from the complaints and/or amended complaints in each case,
supplements to the complaints, and attachments to Mr. McKinney’s pleadings. See Flanders v. Mass
Resistance, No. 12-cv-00262, 2013 WL 2237848, at *9 (D. Me. May 21, 2013) (“The pleadings of a pro se
plaintiff may be interpreted in light of his or her supplemental submissions.”). The Magistrate Judge also
considered these documents in his recommended decisions. See Dkt. No. 25-cv-355, ECF No. 31 at 2 n.1.
A. October 5, 2020
On October 5, 2020, Maine State Police Troopers Wing and Hink stopped a car in
which Mr. McKinney was a passenger. The stop developed into a prolonged encounter,
the details of which are not relevant here. Ultimately, the officers strip searched Mr.
McKinney on the side of the highway and discovered a bag of cocaine.
As a result, Mr. McKinney was indicted in state court on three drug charges.
However, the Androscoggin County Superior Court suppressed the evidence obtained
from the strip search, finding the search violated Mr. McKinney’s Fourth Amendment
rights. Although it is not entirely clear, when interpreting Mr. McKinney’s filings liberally,
it appears the state court dismissed the charges, but the arrest remains on Mr. McKinney’s
criminal record. See Dkt. No. 25-cv-355, ECF 6-2 at 2 (noting the “defendants’ failure to
remove a dismissed charge from state systems”); id. at 3 (“No charges from that incident
resulted in a valid conviction, and any such case was dismissed.”); Dkt. No. 25-cv-355,
ECF No. 7 at 2 (“That case was never lawfully adjudicated but has remained on Plaintiff’s
record . . . .”).
B. March 29, 2023
On or about March 29, 2023, Mr. McKinney was arrested again, this time by
officers of the Lewiston Police Department. Mr. McKinney claims the arresting officers
“relied on outdated or invalid case information” and injured him during the arrest. Dkt.
No. 25-cv-355, ECF No. 6-2 at 3–4. According to a narrative report apparently written by
one of the arresting officers,3 the arresting officer believed Mr. McKinney was subject to
bail conditions based on police records. See Dkt. No. 25-cv-355, ECF No. 1-3 at 24. Those
3 Mr. McKinney attached the “Narrative for Patrol Officer Aaron Schmitz” to his complaint. Courts may
consider documents attached to a complaint in some circumstances. See Watterson v. Page, 987 F.2d 1,
3–4 (1st Cir. 1993). The Court therefore considers the document.
conditions included that Mr. McKinney could be searched at any time without suspicion
or probable cause. Based on a tip from another police officer, the arresting officer
attempted to search Mr. McKinney, but Mr. McKinney allegedly resisted and ran away.
After eventually arresting Mr. McKinney for refusing to submit to detention and taking
him to the Androscoggin County Jail (“ACJ”), the arresting officer learned that “there was
a clerical error” in Mr. McKinney’s file and that Mr. McKinney was not subject to any bail
conditions. Id. at 25. Upon arrival at the jail, Mr. McKinney asserts he was strip searched.
Dkt. No. 25-cv-368, ECF No. 1 at 4.
C. July 21, 2023
Under circumstances not detailed in the complaints, Mr. McKinney was again
arrested and taken to the ACJ on July 21, 2023. He alleges jail officials strip-searched him
and failed to return two items of personal property—a gold chain and a diamond piece—
upon his release. Dkt. No. 25-cv-368, ECF No. 1 at 4. He further claims that ACJ Corporal
Litchfield, a supervising officer, “confirmed” no warrant existed before his arrest,
rendering his detention unconstitutional. Id.
D. July 5, 2025
On or about July 5, 2025, Lewiston Police detained and injured Mr. McKinney
under what he calls “similar circumstances” to the March 29, 2023, incident. Dkt. No.
25-cv-355, ECF No. 6-2 at 4. Nothing in the records describes the July 5th encounter in
further detail. On July 7, 2025, Mr. McKinney contacted the Internal Affairs Division of
the Lewiston Police Department regarding concerns about data the Department allegedly
kept about his cases. Dkt. No. 25-cv-355, ECF No. 1-3 at 1. He states the representative he
spoke with was “intimidating, dismissive, and retaliatory,” tried to “justify[] the
department’s actions,” and claimed to have been “watching” Mr. McKinney “all day.” Id.
at 1–2. At some point during or after this conversation, Mr. McKinney submitted requests
for public records to the Lewiston Police Department and the ACJ under the Maine
Freedom of Access Act (“FOAA”), 1 M.R.S. § 400 et seq. See Dkt. No. 25-cv-367, ECF No.
1 at 2–3. He claims he never received responses to those requests.
E. Miscellaneous Factual Assertions
Mr. McKinney describes two additional incidents, though he does not specify when
they occurred. While incarcerated at the ACJ, he alleges that several officials delayed his
emergency transport to a hospital despite a “serious medical condition.” Dkt. No.
25-cv-368, ECF No. 7 at 3. He further contends that jail staff denied him basic clothing,
including socks and underwear, and failed to conduct fire drills in compliance with safety
standards. Id.
II. Analysis
In evaluating a complaint for failure to state a claim, the Court engages in a two-
step analysis. See Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir.
2012). First, the Court isolates and disregards statements that provide only legal labels,
conclusions, or rote recitations of cause-of-action elements. Id. Second, accepting the
well-pleaded factual allegations as true and drawing all reasonable inferences for the
Plaintiff, the Court decides whether the complaint plausibly states a claim for relief. See
Ocasio-Hernández, 640 F.3d at 12 (discussing Ashcroft v. Iqbal, 556 U.S. 662 (2009),
and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)). A self-represented plaintiff remains
subject to this standard, but the Court “must construe his complaint ‘liberally’ and hold it
‘to less stringent standards than formal pleadings drafted by lawyers.’” Waterman v. Paul
G. White Interior Sols., No. 2:19-cv-00032, 2019 WL 5764661, at *2 (D. Me. Nov. 5, 2019)
(quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)). “To allege a civil action
in federal court, it is not enough for a plaintiff merely to allege that a defendant acted
unlawfully; a plaintiff must affirmatively allege facts that identify the manner in which
the defendant subjected the plaintiff to a harm for which the law affords a remedy.”
Schiller v. Ferneld, No. 2:21-cv-00306, 2021 WL 5494517, at *1 (D. Me. Nov. 21, 2021),
report and recommendation adopted, 2021 WL 5815820 (D. Me. Dec. 7, 2021) (citing
Iqbal, 556 U.S. at 678).
A. Vicarious Liability
Mr. McKinney seeks to assert constitutional claims under 42 U.S.C. § 1983 against
the Lewiston Police Department, the Androscoggin County Sheriff’s Department, and the
Androscoggin County Jail. Because these law enforcement agencies are not suable entities
separate from their respective municipalities, the Court construes the claims as brought
against the City of Lewiston and Androscoggin County respectively. See Henschel v.
Worcester Police Dep’t, 445 F.2d 624, 624 (1st Cir. 1971) (affirming dismissal of § 1983
claim against police department because it was not a suable entity apart from the
municipality); Bayne v. Mills, No. 25-cv-00047, 2025 WL 1248919, at *2 (D. Me. Apr. 30,
2025), report and recommendation adopted, 2025 WL 2030183 (D. Me. July 21, 2025)
(same).
However, a municipality cannot be held vicariously liable for constitutional
violations committed by its employees. To establish municipal liability under § 1983, a
Plaintiff must identify a municipal “policy” or “custom” that caused the alleged injury. Bd.
of Cnty. Comm’rs v. Brown, 520 U.S. 397, 403 (1997). Mr. McKinney has not alleged any
policy or custom that could serve as a basis for liability against either the City of Lewiston
or Androscoggin County. Accordingly, to the extent any of Mr. McKinney’s constitutional
claims survive, the Court considers only the § 1983 claims brought against the individual
defendants in their personal capacities. See Canales v. Gatzunis, 979 F. Supp. 2d 164, 171
(D. Mass. 2013) (dismissing § 1983 claims against the Sheriff’s Department and against
employees in their official capacities, while allowing claims against an individual
defendant in his personal capacity to proceed). Any governmental entities named as
Defendants are accordingly entitled to dismissal.
B. Supervisory Liability
Mr. McKinney asserts two instances in which jail supervisors allegedly violated his
rights. Although a superior officer cannot be held vicariously liable under 42 U.S.C. § 1983
on a respondeat superior theory, see Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691
(1978), a supervisor may be found liable under section 1983 on the basis of the
supervisor’s own acts or omissions, see Bowen v. City of Manchester, 966 F.2d 13, 20 (1st
Cir. 1992). “[A] supervisor may be held liable for what he does (or fails to do) if his
behavior demonstrates deliberate indifference to conduct that is itself violative of a
plaintiff's constitutional rights.” Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576,
582 (1st Cir. 1994). But it is not enough for the Plaintiff to show deliberate indifference;
he must also “affirmatively connect the supervisor’s conduct to the subordinate’s violative
act or omission.” Id.
First, Mr. McKinney claims that upon his arrival at the ACJ, Corporal Litchfield,
presumably in his supervisory capacity, “confirmed no warrant existed” for Mr.
McKinney’s arrest. Dkt. No. 25-cv-368, ECF No. 1 at 4. According to Mr. McKinney, this
means his detention and subsequent strip search were impermissible and without judicial
authorization. See id. Because Mr. McKinney’s claims fail to establish the requisite
causation, however, this allegation does not establish supervisory liability. Mr. McKinney
does not allege Corporal Litchfield’s actions, inactions, or policies caused unnamed police
officers to detain Mr. McKinney in the first instance—with or without a warrant—on July
21, 2023.
Second, Mr. McKinney alleges ACJ Sergeants Mason and Harts and Major
Feldman ordered corrections officers not to transport Mr. McKinney to the hospital
overnight after he alerted them to his medical needs. See Dkt. No. 25-cv-368, ECF No. 7
at 3. While a causal link between a supervisor’s actions and subsequent constitutional
violations may be established “if there exists a known history of widespread abuse
sufficient to alert a supervisor to ongoing violations,” “isolated instances of
unconstitutional activity” are insufficient to establish a supervisor’s policy, custom, or
deliberate indifference. Maldonado-Denis, 23 F.3d at 582. Even assuming Mr. McKinney
is correct that Defendants’ conduct could constitute deliberate indifference under the
Eighth Amendment, see infra, Subsection II.F (discussing the Eighth Amendment
claims), Mr. McKinney fails to plead any facts suggesting this was anything beyond an
isolated instance. He does not allege a policy at the ACJ or on the part of ACJ’s supervisors
to deny inmates medical care.
Accordingly, Mr. McKinney fails to state a plausible claim of supervisory liability
against Defendants Mason, Feldman, Harts, or Litchfield.4
C. Fourth Amendment
The Court construes Mr. McKinney’s encounters with law enforcement in October
2020, March 2023, July 2023, and July 2025 as alleged violations of his Fourth
4 Mr. McKinney names several other officers in his amended complaint in McKinney v. Androscoggin
County Jail who may or may not have held supervisory roles. He does not explain their connections to his
claims or ascribe to them any conduct. As such, he has not stated an actionable claim against any of the
other individuals joined as defendants in this case. See Dkt. No. 25-cv-368, ECF No. 7 at 1; Iqbal, 556 U.S.
at 676–77 (“[A] plaintiff must plead that each Government-official defendant, through the official’s own
individual actions, has violated the Constitution.”).
Amendment rights against the named and unnamed law enforcement officers in their
individual capacities. The allegations fall into three categories.
First, Mr. McKinney asserts unnamed officers used excessive force during his
March 2023 and July 2025 arrests. The Fourth Amendment protects against
unreasonable seizures, including the use of excessive force. See U.S. Const. amend. IV;
Graham v. Connor, 490 U.S. 386, 394–95 (1989). An officer violates this protection by
employing force that exceeds what is objectively reasonable under the circumstances. See
id. at 394–95. Courts evaluate the reasonableness of force by considering factors such as
the severity of the suspected offense, whether the suspect posed an immediate threat, and
whether he resisted or attempted to flee. See Jennings v. Jones, 499 F.3d 2, 11 (1st Cir.
2007). Here, however, Mr. McKinney offers no factual detail about either encounter—no
description of the force used, the context of the encounters, or the officers’ conduct.
Without such allegations, the Court cannot plausibly infer that the force was
unreasonable. His excessive force claims therefore fail.
Second, Mr. McKinney appears to allege that officers stopped or arrested him
without warrants in March 2023, July 2023, and July 2025. A warrantless arrest is
constitutional if supported by probable cause. Vargas-Badillo v. Díaz-Torres, 114 F.3d 3,
6 (1st Cir. 1997). Probable cause exists when the facts and reasonably trustworthy
information known to officers would warrant a prudent person in believing the suspect
committed or was committing an offense. Beck v. Ohio, 379 U.S. 89, 91 (1964). Again, Mr.
McKinney pleads no facts describing the circumstances of these arrests. Absent such
detail, he fails to allege a plausible lack of probable cause.5
Third, Mr. McKinney alleges unnamed officers subjected him to strip searches
each time he was transported to the ACJ. The First Circuit recognizes that institutional
security can justify warrantless strip searches in custodial settings, even absent
individualized suspicion in some circumstances. See Roberts v. State of R.I., 239 F.3d
107, 111 (1st Cir. 2001). At the same time, overly broad or intrusive policies may render
such searches unreasonable depending on the context. See id. at 111–13. Because Mr.
McKinney provides no facts about how these searches were conducted or why they were
unreasonable, he fails to state a viable Fourth Amendment claim on this basis.
The October 2020 encounter with Troopers Hink and Wing stands on different
footing, however. Here, Mr. McKinney alleges in detail that the troopers conducted a
public strip search along the side of a highway without reasonable suspicion that he had
committed a crime.6 Accepting these allegations as true at this stage, the Court can
plausibly infer a Fourth Amendment violation. See Swain v. Spinney, 117 F.3d 1, 7 (1st
Cir. 1997) (“[T]o be reasonable . . . , strip and visual body cavity searches must be justified
by at least a reasonable suspicion that the arrestee is concealing contraband or
weapons.”). Accordingly, Mr. McKinney states a viable Fourth Amendment claim against
Troopers Wing and Hink.
5 As the Magistrate Judge observes, publicly available records from Mr. McKinney’s state court
proceedings—of which the Court may take judicial notice, see Fed. R. Civ. P. 201—indicate that multiple
arrest warrants were active at the times of the challenged detentions. See Dkt. No. 25-cv-368, ECF No. 11 at
5–6. This further undercuts any inference that officers lacked probable cause.
6 Mr. McKinney attaches to his complaint a copy of the state district court order granting his motion to
suppress the results of the strip search, which found that officers lacked reasonable, articulable suspicion
to justify the search. See Dkt. No. 25-cv-355, ECF No. 1-3 at 9–23.
In sum, Mr. McKinney fails to state a Fourth Amendment claim for all alleged
incidents except Count I against Defendants Wing and Hink. See Dkt. No. 25-cv-355, ECF
No. 1 at 9.
D. First Amendment Retaliation
Mr. McKinney alleges unnamed defendant officers retaliated against him by
stopping and arresting him after he filed complaints and requested public records from
the Internal Affairs divisions of the ACJ and the Lewiston Police Department. To properly
assert a First Amendment retaliation claim, a plaintiff must plausibly allege facts
sufficient to show “(1) he or she engaged in constitutionally protected conduct, (2) he or
she was subjected to an adverse action by the defendant, and (3) the protected conduct
was a substantial or motivating factor in the adverse action.” D.B. ex rel. Elizabeth B. v.
Esposito, 675 F.3d 26, 43 (1st Cir. 2012).
Mr. McKinney’s own allegations belie the third factor. His pleadings establish that
the arrests at issue occurred before he filed his complaints in July 2025, making it
implausible that those complaints motivated the challenged actions. In addition, the
complaint offers no factual detail regarding the content of his Internal Affairs complaints
or the nature and scope of the Defendants’ alleged failure to respond to his FOAA
requests. These omissions further undermine any inference of retaliatory motive. Because
Mr. McKinney fails to allege facts supporting a plausible First Amendment claim,
dismissal is warranted. Accordingly, the Court therefore declines to exercise
supplemental jurisdiction over any related state law claim. See United Mine Workers of
Am. v. Gibbs, 383 U.S. 715, 722 (1966) (explaining that when federal claims are dismissed
before trial, state law claims ordinarily should be dismissed as well).
E. Fifth and Fourteenth Amendments
Mr. McKinney alleges unnamed jail officials failed to return his personal property
following his July 21, 2023, arrest and detention at the ACJ. The Fifth and Fourteenth
Amendments govern the government retention of property after a lawful initial seizure.
See Denault v. Ahern, 857 F.3d 76, 84 (1st Cir. 2017). Because Mr. McKinney appears to
contend jail officials acted outside of established procedures, his claim implicates the
Parratt-Hudson doctrine. Under that doctrine, a due process violation arises only if a
State fails to provide an adequate post-deprivation remedy for the property loss. See
Hudson v. Palmer, 468 U.S. 517, 532 (1984) (“Where a loss of property is occasioned by
a random, unauthorized act by a state employee, rather than by an established state
procedure . . . it is difficult to conceive of how the State could provide a meaningful
hearing before the deprivation takes place.”) (quotation modified)); Lowe v. Scott, 959
F.2d 323, 340 (1st Cir. 1992) (“[W]hen a state official is not acting pursuant to established
state procedure, the state is not in a position to provide anything other than such
postdeprivation remedies[.]”).
Mr. McKinney alleges no facts regarding the availability or adequacy of post-
deprivation remedies, nor does he plausibly allege that he pursued such remedies beyond
simply requesting the return of his property. These omissions are fatal to his due process
claim. Accordingly, he fails to state a plausible claim for relief based on the alleged
deprivation of his property.
To the extent Mr. McKinney also asserts unnamed officers violated his due process
rights by failing to wear body-worn cameras during his arrests, that claim likewise fails.
He identifies no constitutionally protected life, liberty, or property interest in the
recording of police encounters. See, e.g., Baca v. Anderson, No. 22-cv-02461, 2022 WL
7094267, at *7 (N.D. Cal. Oct. 12, 2022) (dismissing a constitutional claim because the
plaintiff “has not shown that the asserted right to body camera footage is a
constitutionally protected life, liberty, or property interest”).
F. Eighth and Fourteenth Amendments
Mr. McKinney asserts ACJ officials—specifically Sergeants Mason and Harts and
Major Feldman—acted with deliberate indifference in violation of the Eighth and
Fourteenth Amendments by failing to provide timely medical care after he reported a
medical issue. Deliberate indifference requires a mental state “more blameworthy than
negligence.” Farmer v. Brennan, 511 U.S. 825, 835 (1994). The Supreme Court has drawn
a clear distinction between “deliberate indifference to serious medical needs,” which is
actionable, and mere negligence “in diagnosing or treating a medical condition,” which is
not. Id. (quoting Estelle v. Gamble, 429 U.S. 97, 104, 106 (1976)).
Mr. McKinney’s allegations do not plausibly satisfy the deliberate indifference
standard. He fails to describe the nature and severity of his medical needs, the substance
of his request for care, whether the alleged condition required diagnosis or treatment, and
even the date the alleged events occurred. Without such factual content, the complaint
does not support a reasonable inference that any Defendant knowingly disregarded a
serious medical need.
Mr. McKinney’s additional claims regarding inadequate clothing and alleged
failures to follow prescribed fire safety procedures suffer from the same deficiencies. He
does not identify which Defendants were responsible for these conditions or allege facts
showing that any official acted with deliberate indifference. Courts routinely dismiss such
claims where the plaintiff fails to allege specific facts linking particular defendants to
unconstitutional conduct or to describe the resulting harm. See, e.g., Cable v. Wall, No.
CIV.A. 09-439, 2010 WL 1486494, at *5 (D.R.I. Mar. 18, 2010), report and
recommendation adopted, 2010 WL 1531374 (D.R.I. Apr. 13, 2010); Sowell v. Fair, 915
F.2d 1557, 1990 WL 152343, at *5 (1st Cir. 1990) (dismissing Eighth Amendment safety
regulations claim “where the complaint lacked detailed factual allegations identifying
what chemicals plaintiff was exposed to, what harm resulted, and what efforts plaintiff
made to bring these conditions to the attention of the authorities”). Accordingly, Mr.
McKinney fails to state a plausible claim for relief under the Eighth and Fourteenth
Amendments.7
III. Conclusion
For the reasons provided herein, the Court AFFIRMS and ADOPTS the
Recommended Decisions. Dkt. No. 25-cv-355, ECF No. 31; Dkt. No. 25-cv-367, ECF No.
9; Dkt. No. 25-cv-368, ECF No. 11. Plaintiff’s complaints in Case No. 25-cv-367 and Case
No. 25-cv-368 are DISMISSED in their entirety. Plaintiff’s complaint in Case No.
25-cv-355 is DISMISSED except as to the Fourth Amendment claim against Defendants
Wing and Hink (Count I). All other Defendants in Case No. 25-cv-355 are DISMISSED.
Plaintiff’s Motions to Hold Magistrate and District Judges Accountable are DISMISSED
AS MOOT. Dkt. No. 25-cv-355, ECF No. 33; Dkt. No. 25-cv-367, ECF No. 11; Dkt. No.
25-cv-368, ECF No. 13. Plaintiff’s Motion to Compel Ruling is DISMISSED AS MOOT.
Dkt. No. 25-cv-355, ECF No. 35.
7 Mr. McKinney has also filed a “Motion to Hold Magistrate and District Judges Accountable” in each case,
as well as a “Motion to Compel Ruling.” See Dkt. No. 25-cv-355, ECF Nos. 33, 35; Dkt. No. 25-cv-367, ECF
No. 11; Dkt. No. 25-cv-368, ECF No. 13. In large part, the motions restate his claims for relief. To the extent
he raises any other arguments, the Court has considered them and determines they are frivolous.
SO ORDERED.
Dated this 22nd day of April, 2026.
/s/ Stacey D. Neumann
UNITED STATES DISTRICT JUDGE