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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD DEMERSON, 10 CASE NO. 1:06-cv-00250-LJO-SKO PC Plaintiff, 11 ORDER DENYING MOTION FOR RELEASE OF LEGAL PROPERTY v. (Doc. 99) 12 WARDEN OF SATF, et al., 13 Defendants. / 14 15 Plaintiff Edward Demerson, a state prisoner proceeding pro se and in forma pauperis, filed 16 this civil rights action pursuant to 42 U.S.C. § 1983 on March 6, 2006. This action is proceeding 17 on Plaintiff’s second amended complaint against Defendants Curtiss, Renya, Reynoso, and Morgan 18 for violation of the Eighth Amendment. 19 20 On July 29, 2011, Plaintiff filed a motion seeking the release of his legal property so that he may comply with court deadlines. 21 The pendency of this action does not give the Court jurisdiction over prison officials at 22 Salinas Valley State Prison or over Plaintiff’s property issues. Summers v. Earth Island Institute, 23 129 S.Ct. 1142, 1148-49 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010). The 24 Court’s jurisdiction is limited to the parties in this action and to the viable legal claims upon which 25 this action is proceeding. Summers, 129 S.Ct. at 1148-49; Mayfield, 599 F.3d at 969. Therefore, 26 Plaintiff’s motion must be denied. Further, because Plaintiff is not currently subject to any deadlines 27 in this action, an extension of time is unnecessary. 28 /// 1 1 2 Based on the foregoing, Plaintiff’s motion for the release of his legal property is HEREBY DENIED. 3 4 IT IS SO ORDERED. 5 Dated: ie14hj August 8, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?