Rodriguez v. Brown, et al.

Filing 20

ORDER for Defendant Sherman to Respond to Plaintiff's Motions for Preliminary Injunctive Relief, signed by Magistrate Judge Erica P. Grosjean on 7/1/16. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH D. RODRIGUEZ,

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Plaintiff,

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vs.
EDMUND G. BROWN, JR., et al.,

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Defendants.

1:15-cv-01754-LJO-GSA-PC
ORDER FOR DEFENDANT SHERMAN TO
RESPOND TO PLAINTIFF’S MOTIONS
FOR PRELIMINARY INJUNCTIVE
RELIEF
(ECF Nos. 9, 17.)
THIRTY-DAY DEADLINE

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I.

BACKGROUND

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Joseph D. Rodriguez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. ' 1983. The case now proceeds

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on the original Complaint filed by Plaintiff on November 19, 2015, against Stuart Sherman

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(Warden of the California Substance Abuse Treatment Facility (SATF)) (“Defendant”), for

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adverse conditions of confinement and related state claims. On June 28, 2016, Defendant

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Sherman appeared in this action by filing a motion to dismiss the Complaint. (ECF No. 19.)

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On December 11, 2015, and May 11, 2016, Plaintiff filed motions for temporary

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restraining orders, requesting preliminary injunctive relief. (ECF Nos. 9, 17.) Defendant

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Sherman shall be required to respond to these motions within thirty days.
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II.

PLAINTIFF’S MOTIONS

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Plaintiff is presently incarcerated at the California Substance Abuse Treatment Facility

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(SATF) in Corcoran, California. Plaintiff seeks a Court order barring prison staff at SATF

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from transferring him to another facility while this case is pending, and from retaliating against

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him for filing this case. Plaintiff also requests that Defendant be ordered to provide Plaintiff

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with prepackaged meals not prepared at SATF, and allow Plaintiff to consume the meals in his

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private cell.

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adequate food prepared, handled, and served at the E-Yard dining facility since being served

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his second live cockroach on January 13, 2015. Plaintiff requests to be served prepackaged

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Kosher meals. Plaintiff suggests that he be allowed to remove all prepackaged Kosher meals

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provided to him from the dining facility, to be consumed in Plaintiff’s cell, pending resolution

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of this action.

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Plaintiff claims that Defendant has not provided him with safe, clean, and

At this stage of the proceedings, Defendant Sherman shall be required to file a response

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to Plaintiff’s motions for preliminary injunctive relief, within thirty days.

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III.

CONCLUSION

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that within thirty

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days from the date of service of this order, Defendant Sherman shall file a written response to

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Plaintiff’s motions seeking preliminary injunctive relief, filed on December 11, 2015 and May

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11, 2016.

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IT IS SO ORDERED.
Dated:

July 1, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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