Villareal v. County of Fresno

Filing 49

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELAINE K. VILLAREAL,

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Plaintiff,

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v.
COUNTY OF FRESNO,
Defendant.

Case No. 1:15-cv-01410-EPG (PC)
ORDER REQUIRING DEFENDANT TO
RESPOND TO PLAINTIFF’S ALLEGATIONS
REGARDING RETALIATION
(ECF NO. 46)
TWENTY-ONE DAY DEADLINE
ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF THIS ORDER

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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.

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On August 17, 2017, Plaintiff filed objections to Defendant’s request for an extension of

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time. (ECF No. 46). In those objections, Plaintiff states that she believes she is being retaliated

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against because she filed this lawsuit. According to Plaintiff, on one occasion, she was not

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provided with lunch. On another occasion, she was woken up by a male voice over her intercom

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at 4:30 a.m. asking her if she wanted to go to yard, even though she was not scheduled to go to

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yard. On another occasion, she was not provided with her medication. And finally, on another

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occasion a correctional officer came into her cell and took her blanket, as well as all but one pair

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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
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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

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twenty-one (21) days from the date of service of this order; and

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2. The Clerk of Court is directed to send Plaintiff a copy of this order.

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IT IS SO ORDERED.
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Dated:

August 21, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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