Bealer v. Warden of K.V.S.P. et al

Filing 47

ORDER RE Plaintiff's Letter to the Clerk signed by Magistrate Judge Gary S. Austin on 4/8/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTOINE BEALER,

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Plaintiff,

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vs.

1:12-cv-01516-AWI-GSA-PC
ORDER RE PLAINTIFF’S LETTER TO
THE CLERK
(Doc. 46.)

R. BRANNUM, et al.,

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Defendants.

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Antoine Bealer ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on September 14, 2012. (Doc. 1.) This case now proceeds on the

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Fourth Amended Complaint filed on March 28, 2014, against defendants Rios and Brannum for

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use of excessive force in violation of the Eighth Amendment. (Doc. 21.) This case is presently

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in the discovery phase, pursuant to the court’s scheduling order of March 2, 2015. (Doc. 45.)

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On April 7, 2015, Plaintiff submitted a letter to the Clerk in which he alleged an

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incident occurring on March 24, 2015, during which prison officials detained him in

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Administrative Segregation on false charges. Plaintiff informs the court that he believes this

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shows “another, more extreme, act of harassment and retaliation for the lawsuit I have filed.”

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Doc. 46.)
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Plaintiff is advised that this lawsuit now proceeds only against defendants Rios and

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Brannum for use of excessive force, arising from events occurring before Plaintiff filed this

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action. On October 29, 2014, the court issued an order dismissing all other claims and

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defendants from this case. (Doc. 33.) Plaintiff may not add new allegations of harassment and

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retaliation to this action without leave of court.

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IT IS SO ORDERED.
Dated:

April 8, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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