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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS VILLEGAS,

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Plaintiff,

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v.

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MATHEW CATE, et al.,

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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.
_____________________________________/

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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.
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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.
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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.
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IT IS SO ORDERED.
Dated:

September 5, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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