Mitchell v. Pena, et al.

Filing 72

ORDER Denying Plaintiff's 66 67 Motions for SATF Warden to Produce his Personal and Legal Property as Moot signed by Magistrate Judge Jennifer L. Thurston on 06/11/2014. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN EDWARD MITCHELL, 12 Plaintiff, 13 14 v. Case No. 1:11-cv-01205-LJO-JLT (PC) ORDER DENYING PLAINTIFF'S MOTIONS FOR SATF WARDEN TO PRODUCE HIS PERSONAL AND LEGAL PROPERTY AS MOOT PENA, et al (Docs. 66, 67) 15 Defendants. 16 Plaintiff John Edward Mitchell (“Plaintiff”) is a state prisoner proceeding pro se and in 17 forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on 18 the Second Amended Complaint (Doc. 14) for violation of his rights under the First Amendment 19 and the RLUIPA against Defendants Pena, Sumaya, and Indermill. (Docs. 15, 17.) On May 8, 20 2014 and May 19, 2014, Plaintiff filed two motions requesting that the SATF Warden be ordered 21 to send Plaintiff's personal and legal property to Folsom Prison. (Docs. 66, 67.) On May 29, 22 2014, Defendants filed a response indicating that Plaintiff's personal and legal property had been 23 delivered to him and attached a copy of the inventory and return of property form signed by 24 Plaintiff and dated May 20, 2014. (Doc. 68.) Plaintiff has not filed a reply or any document to 25 the contrary. Thus, it appears that Plaintiff has received his personal and legal property. 26 /// 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDERED that Plaintiff's motions requesting the SATF 2 Warden be ordered to send Plaintiff's personal and legal property to Folsom Prison, filed May 8, 3 2014 (Doc. 66) and May 19, 2014 (Doc. 67), are hereby DENIED as moot. 4 5 6 7 IT IS SO ORDERED. Dated: June 11, 2014 /s/ Jennifer L. Thurston 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

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?