Cauthen v. Rivera et al

Filing 34

ORDER Requiring Defendants to File Status Report Regarding Return of Plaintiff's Property, signed by Magistrate Judge Dennis L. Beck on 11/21/13. (14)Day Deadline (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAFIDI CAUTHEN, JR.,

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Case No. 1:12 cv 01747 LJO DLB (PC)

Plaintiff,
ORDER REQUIRING DEFENDANTS TO
FILE STATUS REPORT REGARDING
RETURN OF PLAINTIFF’S PROPERTY

v.
RIVERA et al.,

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Defendants.

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Plaintiff David Safidi Cauthen, Jr. (“Plaintiff”), a state prisoner proceeding pro se and in
forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 26, 2012. The
action is proceeding on (1) excessive force in violation of the Eighth Amendment against Defendants
Rivera, Negrete, Northcutt, Arreola, King and Waddle; (2) unreasonable search in violation of the
Fourth and Eighth Amendments against Defendants Rivera, Negrete and Waddle; (3) deliberate
indifference to a serious medical need in violation of the Eighth Amendment against Defendant
Mackey; and (4) violation of the First Amendment and RLUIPA against Defendants Rivera, Negrete
and Waddle.
On August 22, 2013, Defendants Arreola, Mackey, Negrete, Northcutt, Rivera and Waddle
filed a motion to dismiss. The motion is currently pending.
On September 26, 2013, Plaintiff filed a request that this Court order Warden Biter to locate
and ship his personal property to his new place of incarceration. Plaintiff had only recently been
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transferred, and filed the request prior to receiving responses to his informal and formal appeals.

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Plaintiff indicated that his legal property was necessary to allow him to file an opposition to

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Defendants’ Motion to Dismiss.

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On October 3, 2013, Plaintiff filed his opposition and did not indicate that his legal property
had not been returned. Therefore, the Court denied his motion as moot.

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On November 18, 2013, Plaintiff filed a motion to reconsider the Court’s October 3, 2013,

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ruling. Plaintiff states that as of November 14, 2013, he continues to be without his property. He

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also believes that his ability to file a proper opposition was prejudiced as a result.
Therefore, Defendants’ counsel, as an officer of this Court, is ORDERED to contact

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Plaintiff’s current and/or former place of incarceration to determine the status of his property.

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Counsel SHALL file a status report with this Court within fourteen (14) days of the date of service

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of this order.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

November 21, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

3b142a

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