Carlos Villegas v. Cate et al

Filing 50

ORDER Directing Clerk's Office to Send Plaintiff Copy of Docket and Scheduling Order, signed by Magistrate Judge Sheila K. Oberto on 9/5/14. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CARLOS VILLEGAS, 11 Plaintiff, 12 v. 13 MATHEW CATE, et al., 14 Case No. 1:10-cv-01917-AWI-SKO (PC) ORDER DIRECTING CLERK’S OFFICE TO SEND PLAINTIFF COPY OF DOCKET AND SCHEDULING ORDER (Doc. 49) Defendants. _____________________________________/ 15 16 Plaintiff Carlos Villegas, a prisoner proceeding pro se and in forma pauperis, filed this 17 civil rights action pursuant to 42 U.S.C. § 1983 on October 14, 2010. This action is proceeding on 18 Plaintiff’s amended complaint against Defendant Neubarth for acting with deliberate indifference 19 to Plaintiff’s serious medical needs, in violation of the Eighth Amendment of the United States 20 Constitution. 21 On September 2, 2014, Plaintiff filed a notice of change of address in which he also 22 informed the Court that he lacks access to his legal material. The Court does not have jurisdiction 23 over prison officials at Terre Haute Correctional Institution and cannot order them to provide 24 Plaintiff with his property, as he requests. See e.g., Steel Co. v. Citizens for a Better Env’t, 523 25 U.S. 83, 103-04, 118 S.Ct. 1003 (1998); American Civil Liberties Union of Nevada v. Masto, 670 26 F.3d 1046, 1061-62 (9th Cir. 2012). Additionally, federal courts must avoid such unwarranted 27 intervention into what is a day-to-day prison management issue. See e.g., Bell v. Wolfish, 441 28 U.S. 520, 545-46, 99 S.Ct. 1861 (1979); Griffin v. Gomez, 741 F.3d 10, 20-1 (9th Cir. 2014). The 1 Court notes that some delay between arrival at a new facility and access to personal property can 2 reasonably be anticipated, and this appears to be what Plaintiff is experiencing. The Court will 3 direct the Clerk’s Office to send Plaintiff a copy of the docket and a copy of the scheduling order, 4 which should be of more than adequate assistance to him at this juncture. 5 Accordingly, the Clerk’s Office is HEREBY DIRECTED to send Plaintiff a copy of the 6 docket and a copy of the discovery and scheduling order filed on January 31, 2014. 7 8 9 IT IS SO ORDERED. Dated: September 5, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?