Miller v. Rufion, et al
Filing
161
ORDER Denying Motion For Preliminary Injunction And Temporary Restraining Order (Doc. 156 ), signed by Judge Barry T. Moskowitz on 8/22/2011. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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GERALD L. MILLER, JR.,
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Case No. 08cv1233 BTM(WMc)
Plaintiff,
ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION AND
TEMPORARY RESTRAINING
ORDER
v.
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O. RUFINO, et al.
Defendants.
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Plaintiff has filed an motion for a preliminary injunction and temporary restraining
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order. Plaintiff, who is incarcerated at Calipatria State Prison, claims that he was given
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contaminated food by an officer who was retaliating against him for filing an administrative
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appeal. Plaintiff claims that Calipatria State Prison and its medical staff are trying to cover
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up the illness caused by the contaminated food and that he is being denied medical
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treatment at Calipatria. Plaintiff seeks an order requiring the Warden and Chief Deputy
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Warden of Calipatria to provide him with outside medical treatment.
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The Warden and Chief Deputy Warden of Calipatria are not defendants in this action.
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The sole remaining defendant is O. Rufino, a Licensed Vocational Nurse with the State of
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California Department of Corrections and Rehabilitation (“CDCR”) at Kern Valley State Prison
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(“KVSP”).
The Court does not have jurisdiction over the Warden or Chief Deputy Warden
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of Calipatria State Prison. Therefore, Plaintiff’s motion for a preliminary injunction and
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temporary restraining order are DENIED.
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IT IS SO ORDERED.
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DATED: August 22, 2011
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Honorable Barry Ted Moskowitz
United States District Judge
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08cv1233 BTM(WMc)
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