Scott v. Palmer et al

Filing 236

ORDER DENYING 234 Motion as MOOT signed by Magistrate Judge Sheila K. Oberto on 9/14/2015. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FLOYD SCOTT, 10 Plaintiff, 11 v. 12 Case No. 1:09-cv-01329-SKO (PC) ORDER DENYING MOTION AS MOOT (Doc. 234) J. PALMER, M. H. LOPEZ, and R. S. RIVERA, 13 14 Defendants. _____________________________________/ 15 16 17 18 19 20 21 Plaintiff Floyd Scott, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2009. This action for damages is set for jury trial on October 6, 2015, on Plaintiff’ claim that Defendants Palmer, Rivera, and Lopez violated his rights under the Eighth Amendment of the United States Constitution. On September 10, 2015, Plaintiff filed a motion seeking an order prohibiting prison officials from separating him from his legal documents. 22 23 24 25 26 This issue was addressed by the Court in an order filed on September 3, 2015, and that order extended as far as is permissible under the law.1 Bell v. Wolfish, 441 U.S. 520, 546-47, 99 S.Ct. 1861, 1878 (1979); Griffin v. Gomez, 741 F.3d 10, 20-1 (9th Cir. 2014); see also Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 110, 89 S.Ct. 1562 (1969) (“a court has no power to adjudicate a personal claim or obligation unless it has jurisdiction over the person of the 27 28 1 Plaintiff’s motion is dated September 3, 2015, evidencing it was prepared and mailed prior to his receipt of the Court’s order. 1 defendant”); Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985) (a 2 the federal court “may not attempt to determine the rights of persons not before the court.”). Accordingly, Plaintiff’s motion is HEREBY DENIED as moot in light of the order filed on 3 4 September 3, 2015. 5 6 IT IS SO ORDERED. 7 Dated: September 14, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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