Randolph v. Nix et al

Filing 102

ORDER Denying 98 Motion Alerting the Court that Warden Failed to Obey Court Order signed by Magistrate Judge Michael J. Seng on 02/19/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLIN M. RANDOLPH,

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Plaintiff,

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v.
B. NIX, et al.,

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CASE NO. 1:12-cv-00392-LJO-MJS (PC)
ORDER DENYING MOTION ALERTING THE
COURT THAT WARDEN FAILED TO OBEY
COURT ORDER
(ECF No. 98)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against

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Defendant Akano on Plaintiff’s Eighth Amendment medical indifference claim. (ECF No.

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19.)

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On January 28, 2016, the Court issued an order directing staff at Plaintiff’s

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institution to facilitate a telephone call between Plaintiff and proposed volunteer counsel.

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(ECF No. 92.) Apparently, however, on the date of the scheduled call, Plaintiff was

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transferred to another institution and the call did not occur. (See ECF No. 98.)

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Before the Court is Plaintiff’s motion seeking to hold the Warden in contempt and

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requesting a new order to facilitate said call. (ECF No. 98.) Since the submission of

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Plaintiff’s motion, Plaintiff has spoken with the proposed counsel and counsel has been

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appointed for Plaintiff. (ECF No. 99.)
Accordingly, Plaintiff’s motion is HEREBY DENIED as moot.

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IT IS SO ORDERED.
Dated:

February 19, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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