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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GARRISON S. JOHNSON,

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Plaintiff,

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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.,

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Defendants.

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Plaintiff Garrison S. Johnson (“Plaintiff”) is a California state prisoner proceeding pro se

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in this civil rights action pursuant to 42 U.S.C. § 1983. Defendants Matthew Cate and Kelly

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Harrington have appeared in this action. On February 6, 2012, Plaintiff filed his first amended

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complaint. Pending before the Court is 1) Defendants’ motion for clarification, filed February

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10, 2012, and 2) Plaintiff’s motion regarding his legal mail, filed February 10, 2012. Docs. 26,

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28.

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Defendants request clarification as to whether the Court will screen Plaintiff’s first

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amended complaint pursuant to 28 U.S.C. § 1915A. The Court will screen Plaintiff’s amended

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complaint pursuant to 28 U.S.C. § 1915A prior to issuing any scheduling order.

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Plaintiff requests that the Court direct the warden to produce proof that Plaintiff is being

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provided his legal mail. Doc. 28. Plaintiff contends that officers at Kern Valley State Prison,

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where Plaintiff is currently housed, are not providing him with his mail. Plaintiff request an

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investigation by the California Attorney General’s Office. A review of the Court docket

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indicates that Plaintiff’s mail was returned as undeliverable on November 28, 2011. Plaintiff
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listed the incorrect P.O. Box for his mailing address. Plaintiff failed to update his mailing

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address with the Court. The Court has since updated the P.O. Box to reflect Plaintiff’s current

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mailing address. Plaintiff is reminded that he is under an obligation to update the Court as to his

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mailing address. L.R. 182(f). Failure to do so may result in dismissal of this action for failure to

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prosecute. L.R. 183(b).

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IT IS SO ORDERED.
Dated:
3b142a

March 16, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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