Harrington v. Bautista et al

Filing 16

ORDER denying 14 Motion for Property signed by Magistrate Judge Stanley A Boone on 5/29/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARRICK HARRINGTON,

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Plaintiff,

Case No. 1:10-cv-01802-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
PROPERTY

v.
(ECF No. 14)

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J. BAUTISTA, et al.,
Defendants.
Plaintiff Garrick Harrington (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this
action on September 30, 2010. (ECF No. 1.) On May 20, 2013, Plaintiff filed a motion for the
Court to locate Plaintiff’s property and transfer it to Solano State Prison, where he was transferred
on April 22, 2013. (ECF Nos. 12 & 14.)
In the Court’s experience, prison transfers result in inmates being temporarily separated
from their personal property for up to one month or longer.

By now, Plaintiff should be

possession of whatever personal property is allowable based on his classification level and
housing assignment. Moreover, the Court’s previous order granted Plaintiff an extension of time
to file an amended complaint. (ECF No. 16.)
However, regardless of the pendency of this action, the Court does not have jurisdiction
over prison officials in general or over Plaintiff’s property issues. Summers v. Earth Island

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Institute, 129 S.Ct. 1142, 1148-49 (2009); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir.

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2010). The Court’s jurisdiction is limited to the parties in this action and to the viable legal

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claims upon which this action is proceeding. Summers, 129 S.Ct. at 1148-49; Mayfield, 599 F.3d

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at 969. Accordingly,

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Plaintiff’s motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
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May 29, 2013

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UNITED STATES MAGISTRATE JUDGE

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