Demerson v. Warden of SATF et al
Filing
101
ORDER DENYING Motion for Release of Legal Property 99 , signed by Magistrate Judge Sheila K. Oberto on 8/8/11. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,
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CASE NO. 1:06-cv-00250-LJO-SKO PC
Plaintiff,
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ORDER DENYING MOTION FOR RELEASE
OF LEGAL PROPERTY
v.
(Doc. 99)
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WARDEN OF SATF, et al.,
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Defendants.
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Plaintiff Edward Demerson, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on March 6, 2006. This action is proceeding
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on Plaintiff’s second amended complaint against Defendants Curtiss, Renya, Reynoso, and Morgan
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for violation of the Eighth Amendment.
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On July 29, 2011, Plaintiff filed a motion seeking the release of his legal property so that he
may comply with court deadlines.
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The pendency of this action does not give the Court jurisdiction over prison officials at
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Salinas Valley State Prison or over Plaintiff’s property issues. Summers v. Earth Island Institute,
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129 S.Ct. 1142, 1148-49 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The
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Court’s jurisdiction is limited to the parties in this action and to the viable legal claims upon which
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this action is proceeding. Summers, 129 S.Ct. at 1148-49; Mayfield, 599 F.3d at 969. Therefore,
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Plaintiff’s motion must be denied. Further, because Plaintiff is not currently subject to any deadlines
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in this action, an extension of time is unnecessary.
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///
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Based on the foregoing, Plaintiff’s motion for the release of his legal property is HEREBY
DENIED.
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IT IS SO ORDERED.
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Dated:
ie14hj
August 8, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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