Lear v. Leftler, et al.

Filing 45

ORDER DENYING MOTION FOR COURT ORDER 41 signed by Magistrate Judge Michael J. Seng on 4/26/2015. (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

RODERICK LEAR ,

10
11
12
13

Plaintiff,

CASE NO. 1:13-cv-00882-AWI-MJS (PC)
ORDER DENYING MOTION FOR COURT
ORDER

v.
(ECF No. 41)
MICHELLE LEFTLER, et al.,
Defendants.

14
15

CLERK TO FAX COPY OF THIS ORDER
TO LITIGATION COORDINATOR AT
CALIFORNIA
STATE
PRISONCORCORAN

16

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

17

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

18

Defendant Aguayo, Desousa, and Leftler on Plaintiff’s Eighth Amendment Excessive

19

Force claim regarding an incident that occurred at the California Substance Abuse

20

Treatment Facility (“CSATF”).

21

Before the Court is Plaintiff’s March 9, 2015 motion (ECF No. 41), asking the

22

Court to order officials at Plaintiff’s current institution, California State Prison-Corcoran,

23

to issue his legal property and to store a DVD relating to this action.

24

The Court cannot order parties not before the Court to take action. Zepeda v.

25

United States Immigration & Naturalization Servs., 753 F.2d 719, 727 (9th Cir. 1985) (“A

26

federal court may issue an injunction if it has personal jurisdiction over the parties and

27

subject matter jurisdiction over the claim; it may not attempt to determine the rights of

28
1

1

persons not before the court.”). Accordingly, Plaintiff’s motion must be denied.

2

Nevertheless, the Court will direct the Clerk’s Office to fax a copy of this order to the

3

Litigation Coordinator at California State Prison-Corcoran, and request that the Litigation

4

Coordinator facilitate Plaintiff’s access to materials necessary to prosecute this action.

5
6

Based on the foregoing, Plaintiff’s motion for a court order (ECF No. 41) is
HEREBY DENIED.

7
8
9

IT IS SO ORDERED.
Dated:

April 26, 2015

/s/

10

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2