Garcia v. Beard et al

Filing 17

ORDER denying 16 Motion for Telephonic Conference signed by Magistrate Judge Gary S. Austin on 12/11/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FELIPE GARCIA,

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Plaintiff,
vs.

1:14-cv-00625-LJO-GSA-PC
ORDER DENYING MOTION FOR
TELEPHONIC CONFERENCE
(Doc. 16.)

JEFFREY A. BEARD, et al.,
Defendants.

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Felipe Garcia (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on April

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28, 2014. (Doc. 1.)

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On December 8, 2014, Plaintiff filed a motion for the court to schedule a telephonic

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conference before District Judge Lawrence J. O’Neill for Plaintiff to discuss the status of this

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case and request expedited screening of the Complaint. (Doc. 16.) Plaintiff asserts that he filed

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a motion for permanent injunction and temporary restraining order on August 6, 2014, which

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has not been resolved. Plaintiff also requests immediate screening of his Complaint, “due to

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the seriousness of the allegations included in the Complaint.” (Doc. 16 at 2 ¶5.) Plaintiff seeks

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a conference to discuss the need to seal all of the documents in this case and the case that gave
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rise to this case, 1:13-cv-00599-LJO-SKO-PC, Garcia v. Biter. Plaintiff asserts that he is in

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jeopardy of correctional officers illegally obtaining copies of his case documents to influence

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other inmates to assault Plaintiff, as was done at Kern Valley State Prison and the California

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Correctional Institution in Tehachapi. Plaintiff seeks to request a permanent restraining order

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and an order granting him single cell status.

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permanent injunction and temporary restraining order be granted.

Plaintiff also requests that his motion for

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Discussion

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Plaintiff is advised that under Local Rule 230(l), motions in prisoner cases are

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submitted on the record without oral argument, with few exceptions. L.R. 230(l). Such

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motions are not noticed on the Court=s motion calendar.

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In exceptional circumstances, the Court may conduct in-court or telephonic proceedings

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to resolve motions in a prisoner case such as Plaintiff=s. However, in this instance, the Court

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does not find exceptional circumstances or good cause to schedule a telephonic conference.

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Plaintiff should file a written motion or motions with the Court to resolve his issues.1

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Plaintiff=s motion for a telephonic status conference shall be denied.

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With respect to Plaintiff’s request for immediate screening of his Complaint, Plaintiff is

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advised that the Court is required to screen complaints brought by prisoners, such as Plaintiff,

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seeking relief against a governmental entity or officer or employee of a governmental entity.

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28 U.S.C. ' 1915A(a). This Court has hundreds of civil cases pending before it. The Court

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ordinarily screens complaints in the order in which they are filed and strives to avoid delays

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whenever possible. Plaintiff's Complaint will be screened in due time.

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A cursory review of Plaintiff=s Complaint shows that he has requested monetary

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damages, declaratory relief, and an injunction requiring the CDCR to change its hiring

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practices and policies. None of this relief, even if immediate, would resolve plaintiff=s claim

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that he is presently in jeopardy of correctional officers illegally obtaining copies of his case

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documents, or resolve his request for single cell status. Plaintiff has not shown good cause for

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Any motions in Plaintiff’s case 1:13-cv-00599-LJO-SKO-PC, Garcia v. Biter, must be brought

in that case.
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the court to expedite the screening of his Complaint. Therefore, Plaintiff=s request for

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expedited screening shall be denied.

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Based on the foregoing, Plaintiff’s motion, filed on December 8, 2014, is DENIED.

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IT IS SO ORDERED.
Dated:

December 11, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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