Manago v. Davey et al

Filing 39

ORDER denying Plaintiff's 38 Motion for assistance in contacting witnesses signed by Magistrate Judge Dennis L. Beck on 7/6/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEWART MANAGO,

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Plaintiff,

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v.

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DAVEY, et al.,

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No. 1:16-cv-00399 LJO DLB PC
ORDER DENYING PLAINTIFF’S MOTION
FOR ASSISTANCE IN CONTACTING
WITNESSES
(Document 38)

Defendants.

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Plaintiff Stewart Manago (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on March 24, 2016. The action is proceeding on Plaintiff’s

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First Amendment retaliation claim against Defendants Davey, Sexton, Vander Poel, Maxfield,

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Valdez, Acevedo and Razo. Specifically, Plaintiff alleges that Defendants retained him in the

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SHU because of his grievances. The Court directed the United States Marshal to serve

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Defendants on June 3, 2016. There is no indication that any Defendants have been served at this

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time.
On June 20, 2016, Plaintiff filed a motion requesting a Court order directing CDCR

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management to allow him to contact his inmate witnesses. However, Plaintiff must first utilize

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CDCR procedures related to correspondence prior to seeking relief from the Court. 15

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Cal.Code.Regs. § 3139.1

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Plaintiff is also informed that the Court does not have jurisdiction in this action over

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anyone other than Plaintiff and Defendants, and the Court can only make a request to prison

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officials. Such a request shall not be made by the Court without assurances that (1) Plaintiff has

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followed procedures and used the available resources at the prison, and (2) each witness has

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relevant knowledge.
Accordingly, Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

July 6, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Plaintiff states that he is set to parole on July 7, 2016. Even if he paroles, there are CDCR procedures related to
correspondence and visiting that must be followed.

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