Thomas v. Garcia et al

Filing 229

ORDER Disregarding Key's Second Request for Relief 228 , signed by Magistrate Judge Jennifer L. Thurston on 8/14/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEAN-PIERRE K. THOMAS,

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Plaintiff,
v.
M.P. GARCIA, et al.,
Defendant.

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Case No.: 1:08-cv-0689 – JLT (PC)
ORDER DISREGARDING KEY’S SECOND
REQUEST FOR RELIEF
(Doc. 228)

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A jury trial was held in this matter between July 23 and July 25, 2013, in the U.S. District

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Court in Bakersfield, CA. Inmate Michael Key, Jr., appeared and testified on Plaintiff’s behalf on July

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23, 2013, pursuant to the Court’s Order and writ of habeas corpus ad testificandum. (Docs. 166 and

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213). Presently, Key requests that the Court “order [Corcoran State Prison] to immediately return

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[him] to [California State Prison]-Sacramento.” (Doc. 228 at 2).

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On August 6, 2013, the Court denied Plaintiff’s prior request for the Court to order Plaintiff’s

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return to CSP-Sacramento. (Doc. 227 at 2). The Court reiterates that while the Court does not

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condone retaliation against a witness, the Court lacks any jurisdiction to address the relief requested.

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Furthermore, the Court lacks any authority to require the CDCR to take any particular action. The

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court cannot require the CDCR to place Mr. Key in any particular prison, any particular housing unit

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at the prison or to require the CDCR to place him in any particular job.

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Accordingly, Key’s second request for relief (Doc. 228) is DENIED.

The Court will

STRIKE any subsequent filings submitted by Keys in this matter.

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IT IS SO ORDERED.
Dated:

August 14, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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