Kiderlen v. Kane, et al.

Filing 25

ORDER DENYING 24 Plaintiff's Motion for Return of Legal Documents signed by Magistrate Judge Jennifer L. Thurston on 12/2/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN D. KIDERLEN,

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CASE NO. 1:11-cv-01951-JLT PC

Plaintiff,

ORDER DENYING MOTION FOR RETURN
OF LEGAL DOCUMENTS

v.
(Doc. 24)

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PAT KANE, et al.,

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Defendants.

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Plaintiff Steven D. Kiderlen, (“Plaintiff”) is a federal prisoner proceeding pro se and in

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forma pauperis with a civil action pursuant to Bivens v. Six Unknown Named Agents of Federal

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Bureau of Narcotics, 403 U.S. 388 (1971) (“Bivens”), which provides a remedy for violations of

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civil rights by federal actors. Plaintiff filed his complaint on November 23, 2011. (Doc. 1.) He

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consented to Magistrate Judge jurisdiction on January 3, 2012. (Doc. 7.) No other parties have

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appeared in this action. The Court has not yet screened Plaintiff’s Complaint.

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Pending before the Court is Plaintiff’s motion for return of legal documents confiscated by

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staff at USP- Atwater following his transfer to FCI Beaumont Low. (Doc. 24 at 2).1 Plaintiff

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filed his motion on December 26, 2012. (Doc. 24). In his motion, Plaintiff asks the Court to

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order Defendants to “restore to the Plaintiff the 12” of legal documents and evidence which was

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The Court construes Plaintiff’s motion as a Motion to Compel Defendants to return his documents,
although he refers to his pleading as a Petition for Injunction.

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confiscated on or about May 8, 2012.” (Doc. 24 at 2). However, the persons named in Plaintiff’s

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motion are not the same individuals named as defendants in his case. (Doc. 1, Doc. 24).

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As set forth above, the Court has yet to screen Plaintiff’s complaint. Thus, the Defendants

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have not been served and the Court does not have jurisdiction over any of the individually named

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Defendants or additional persons name in Plaintiff’s motion.
Accordingly, it is HEREBY ORDERED that Plaintiff’s December 26, 2012 motion for

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return of documents (Doc. 24) is DENIED AS PREMATURE.

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IT IS SO ORDERED.

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Dated:

December 28, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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