Case 2:18-cr-00422-DJH Document 2214 Filed 09/27/24 Page 1 of 2
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF ARIZONA
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`United States of America,
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`Plaintiff,
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`v.
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`Scott Spear,
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`No. CR-18-00422-003-PHX-DJH
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`ORDER
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`Defendant.
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`Before the Court is Defendant Spear’s Emergency Motion to Provide Necessary
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`Medical and Psychiatric Care (Doc. 2211). In his Motion, Defendant Spear says that Core
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`Civic is not providing him with his doctor-prescribed medications. (Id. at 2). Declarants,
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`including his attorneys, attest to recent communications they have had with Mr. Spear since
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`his incarceration. Several of these declarants state that they believe Defendant Spear is
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`suffering from a psychotic break due to his lack of medication. (Id.) The Motion also
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`states that without his medication, Defendant Spear is at risk of seizures. (Id.) Recently,
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`Defendant Spear has refused to meet with his attorneys, something his attorneys say only
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`happened after he stopped receiving his medications. (Id. at 3).
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`In light of Defendant Spear’s Notice of Appeal (Doc. 2188), the Court is without
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`jurisdiction to grant the requested relief. The Court nonetheless finds that the Motion raises
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`substantially important issues and that it would grant Defendant Spear’s request that he be
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`provided with his necessary medications in a form acceptable to Core Civic’s policies. Fed.
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`R. Crim. P. 37(a)(3). Accordingly, if the Ninth Circuit Court of Appeals were to remand
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`Case 2:18-cr-00422-DJH Document 2214 Filed 09/27/24 Page 2 of 2
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`under Rule 37(a)(3) for the limited purpose of considering Defendant Spear’s Motion, the
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`Court would (1) construe Defendant Spear’s Emergency Motion to Provide Necessary
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`Medical and Psychiatric Care (Doc. 2211) as a Motion for Temporary Restraining Order
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`and order Core Civic to immediately provide Defendant Spear with his prescribed
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`medication(s) (or generic forms thereof); (2) order Core Civic to Show Cause in writing
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`why, as alleged by Defendant Spear, it has deprived Defendant Spear of his prescribed
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`medication(s) (or generic forms thereof); and (3) set a hearing on Defendant Spear’s
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`Motion.
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`In light of the above,
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`IT IS ORDERED the Clerk of Court shall send a copy of this Order to the Ninth
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`Circuit Court of Appeals referencing Case Number 24-5375 and indicate that it is urgent.
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`Dated this 27th day of September, 2024.
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`Honorable Diane J. Humetewa
`United States District Judge
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`- 2 -
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