Villareal v. County of Fresno
ORDER Requiring Defendant to Respond to Plaintiff's Allegations Regarding Retaliation; Twenty-One Day Deadline; ORDER Directing Clerk to Send Plaintiff a Copy of this Order, signed by Magistrate Judge Erica P. Grosjean on 8/21/17. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ELAINE K. VILLAREAL,
COUNTY OF FRESNO,
Case No. 1:15-cv-01410-EPG (PC)
ORDER REQUIRING DEFENDANT TO
RESPOND TO PLAINTIFF’S ALLEGATIONS
(ECF NO. 46)
TWENTY-ONE DAY DEADLINE
ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF THIS ORDER
Elaine K. Villareal (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On August 17, 2017, Plaintiff filed objections to Defendant’s request for an extension of
time. (ECF No. 46). In those objections, Plaintiff states that she believes she is being retaliated
against because she filed this lawsuit. According to Plaintiff, on one occasion, she was not
provided with lunch. On another occasion, she was woken up by a male voice over her intercom
at 4:30 a.m. asking her if she wanted to go to yard, even though she was not scheduled to go to
yard. On another occasion, she was not provided with her medication. And finally, on another
occasion a correctional officer came into her cell and took her blanket, as well as all but one pair
of her underwear (and the only pair she was left with was ripped).
Because Plaintiff is alleging that she may be experiencing retaliation because she filed this
action, the Court will require a response from Defendant regarding the allegations of retaliation.
Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:
1. Defendant shall file a response to Plaintiff’s allegations of retaliation within
twenty-one (21) days from the date of service of this order; and
2. The Clerk of Court is directed to send Plaintiff a copy of this order.
IT IS SO ORDERED.
August 21, 2017
UNITED STATES MAGISTRATE JUDGE
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