Kietty v. Walker et al

Filing 107

ORDER directing Defendants to file a response to 106 MOTION signed by Magistrate Judge Stanley A. Boone on 4/6/2017. (Filing Deadline: 4/21/2017).(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HUSSEIN ALI KIETTY, 12 13 14 15 Plaintiff, v. A. WALKER, et al., Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-00312-SAB (PC) ORDER DIRECTING DEFENDANTS TO FILE A RESPONSE TO PLAINTIFF’ S MOTION, FILED APRIL 5, 2017 [ECF No. 106] Plaintiff Hussein Ali Kietty is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the 19 jurisdiction of the United States Magistrate Judge. Local Rule 302. 20 This action is proceeding against Defendants Walker, Deathriage, and Silva for failure to 21 protect, against Defendants Walker, Asotrga, Deathriage, Brumbaugh, Silva and Duty for excessive 22 force, and against Defendants Deathriage and Silva for retaliation. The case is set for jury trial before 23 the undersigned on August 15, 2017. 24 On April 5, 2017, Plaintiff filed a motion for an emergency injunction due to retaliation by 25 Defendants. Plaintiff contends that prison officials have taken his confidential mail pertaining to this 26 matter and photographed all of his legal documents upon order by a supervisor. Based on Plaintiff’s 27 allegations and the potential impact such actions may have on this action, the Court hereby orders 28 1 1 Defendants to file a response addressing the allegations set forth in Plaintiff’s motion within fifteen 2 (15) days from the date of service of this order. 3 4 IT IS SO ORDERED. 5 Dated: 6 April 6, 2017 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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