Garrison Johnson v. Cate et al

Filing 31

ORDER Regarding Defendants' Motion for Clarification 26 ; ORDER Regarding Plaintiff's Motion Concerning his Legal Mail 28 , signed by Magistrate Judge Dennis L. Beck on 3/16/12. (Verduzco, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GARRISON S. JOHNSON, 9 Plaintiff, 10 11 CASE NO. 1:10-cv-01918-LJO-DLB PC ORDER REGARDING DEFENDANTS’ MOTION FOR CLARIFICATION (DOC. 26) v. ORDER REGARDING PLAINTIFF’S MOTION CONCERNING HIS LEGAL MAIL (DOC. 28) MATTHEW CATE, et al., 12 Defendants. 13 / 14 15 Plaintiff Garrison S. Johnson (“Plaintiff”) is a California state prisoner proceeding pro se 16 in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants Matthew Cate and Kelly 17 Harrington have appeared in this action. On February 6, 2012, Plaintiff filed his first amended 18 complaint. Pending before the Court is 1) Defendants’ motion for clarification, filed February 19 10, 2012, and 2) Plaintiff’s motion regarding his legal mail, filed February 10, 2012. Docs. 26, 20 28. 21 Defendants request clarification as to whether the Court will screen Plaintiff’s first 22 amended complaint pursuant to 28 U.S.C. § 1915A. The Court will screen Plaintiff’s amended 23 complaint pursuant to 28 U.S.C. § 1915A prior to issuing any scheduling order. 24 Plaintiff requests that the Court direct the warden to produce proof that Plaintiff is being 25 provided his legal mail. Doc. 28. Plaintiff contends that officers at Kern Valley State Prison, 26 where Plaintiff is currently housed, are not providing him with his mail. Plaintiff request an 27 investigation by the California Attorney General’s Office. A review of the Court docket 28 indicates that Plaintiff’s mail was returned as undeliverable on November 28, 2011. Plaintiff 1 1 listed the incorrect P.O. Box for his mailing address. Plaintiff failed to update his mailing 2 address with the Court. The Court has since updated the P.O. Box to reflect Plaintiff’s current 3 mailing address. Plaintiff is reminded that he is under an obligation to update the Court as to his 4 mailing address. L.R. 182(f). Failure to do so may result in dismissal of this action for failure to 5 prosecute. L.R. 183(b). 6 7 IT IS SO ORDERED. Dated: 3b142a March 16, 2012 /s/ Dennis L. Beck 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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