Timothy Crayton v. Rochester Medical Corporation

Filing 183

ORDER DENYING 179 Motion Property Inventory Order in Part signed by Magistrate Judge Gary S. Austin on 6/30/2010. ( Status Report Deadline: 7/7/2010) (Figueroa, O)

Timothy Crayton v. Rochester Medical Corporation

Doc. 183

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 TIMOTHY CRAYTON 9 10 11 12 13 14 15 16 17 On June 1, 2010, Plaintiff filed a document entitled, "Motion for Property Inventory 18 Order." In this motion, Plaintiff requests that the Court order all individuals involved in the 19 search of his property to provide him with a list of any and all documentation related to the 20 search, the names of the parties involved, a list of all witnesses to the search, and a list of all of 21 22 The Court has reviewed Plaintiff's motion and denies it in part. As a preliminary matter, 23 this Court has explained to Plaintiff that it has no authority over prison officials in this matter 24 since no prison official is a named party in this action. See, Doc 164 at pg. 7 and 8. The Court 25 26 27 28
1 Plaintiff's property was searched based on an order issued by this Court on May 5, 2010. The order a llo w e d prison officials to search Plaintiff's property for the catheter and packaging at issue in this case. The Court p la c e d several restrictions on the search, including a prohibition against prison officials reading any documents, b o o k s , or other information contained within Plaintiff's property. (Doc. 164).

UNITED STATES DISTRICT COURT
) ) ) ) Plaintiff, ) ) v. ) ) ROCHESTER MEDICAL ) CORPORATION, a Minnesota corporation ) and JOHN DOE DISTRIBUTOR, ) ) ) ) Defendants. ) ) 1:07-CV-1318 OWW GSA ORDER DENYING MOTION FOR PROPERTY INVENTORY ORDER IN PART (Document 179)

the property searched and property removed.1 See, Doc. 164.

1
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11

cannot issue an order requiring prison officials to provide information related to the search because the Court lacks jurisdiction over officials at Kern Valley State Prison with respect to Plaintiff's current conditions of confinement. E.g., Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 103-04, 118 S.Ct. 1003 (1998). However, the Court does have jurisdiction over Defendant. Accordingly, within five days of this action, Defendant shall file a status report indicating whether the catheter in question was obtained, as well as a list of all information or items obtained as a result of this Court's order issued on May 5, 2010. Defendant shall serve a copy of its response to this order on Plaintiff and file a proof of service establishing that the response has been served. IT IS SO ORDERED. Dated: 6i0kij

June 30, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2