Posadas v. Avenal State Prison, et al.

Filing 11

ORDER Addressing Plaintiff's Letter To The Court (ECF No. 10 ), signed by Magistrate Judge Sandra M. Snyder on 4/16/2011. (Fahrney, E)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ERWIN POSADAS,

12
13

CASE NO. 10-cv-01374-SMS PC
Plaintiff,

ORDER ADDRESSING PLAINTIFF’S
LETTER TO THE COURT

vs.
(ECF No. 10)

14

AVENAL STATE PRISON, et al.,

15

Defendants.
/

16
17

Plaintiff Erwin Posadas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

18

in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint in this action on

19

August 2, 2010, alleging officers have treated him and his property disrespectfully and his due process

20

rights have been violated due to an immigration hold. On March 30, 2011, Plaintiff filed a letter with

21

the court. Plaintiff is advised that a document requesting a court order must be styled as a motion, not

22

a letter. The motion should state, as clearly as possible, the relief sought.

23

In the letter filed on March 30, 2011, Plaintiff claims he is a political prisoner and is a victim of

24

rape and murder. He complains that his placement status in protective custody has been falsified by the

25

classification committee to advance their best interests. Plaintiff requests a representative of the court

26

come to speak with him. Plaintiff’s letter is devoid of any factual allegations supporting Plaintiff’s

27

allegations and fails to include any specific facts, name any individual, or set forth the relief requested.

28

Plaintiff is advised that the court does not conduct investigation. Thus, Plaintiff’s letter shall be
1

1

disregarded. To the extent that Plaintiff wishes the Court to take any action, Plaintiff must file a motion

2

requesting the desired relief.

3

Accordingly, it is HEREBY ORDERED that:

4

1.

5

Plaintiff’s request that the Court send a representative to speak with him is DENIED;
and.

6

2.

7

Plaintiff’s letter of March 30, 2011, is DISREGARDED, as it appears to the Court that
no relief is requested.

8
IT IS SO ORDERED.
9
10

Dated:
icido3

April 16, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2