Becker v. Sherman, et al.
ORDER Directing Plaintiff's Counsel to Submit Response; and REQUEST for the Deputy Attorney General to Provide Information on the Status of Plaintiff's Transfer 29 , signed by Magistrate Judge Michael J. Seng on 7/2/17. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE No. 1:16-cv-0828-MJS (PC)
ORDER DIRECTING PLAINTIFF’S
COUNSEL TO SUBMIT RESPONSE; AND
WARDEN SHERMAN, et al.,
REQUEST FOR THE DEPUTY
ATTORNEY GENERAL TO PROVIDE
INFORMATION ON THE STATUS OF
(ECF NO. 29)
Plaintiff is a transgender state prisoner proceeding with appointed counsel in a
civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction
of a magistrate judge. This matter proceeds on Plaintiff’s First Amended Complaint on
allegations that Defendants failed to ensure Plaintiff’s safety despite knowledge of the
substantial risk of serious harm tgo Plaintiff, and, as a result, Plaintiff was the victim of
multiple instances of physical and/or sexual assaults.
An executed waiver of service was returned for all of the Defendants on June 19,
2017, but there have not yet been any appearances by any of them.
On June 22, 2017, Plaintiff filed a pro se emergency motion for temporary
restraining order to prevent her impending transfer from the Sierra Conservation Center
(“SCC”), where she is presently housed, to the California Substance Abuse Treatment
Facility (“CSATF”), an institution where Plaintiff claims she was sexually assaulted on
two separate occasions by her cellmates. Plaintiff fears for her safety because of the
likelihood that she will be assigned another cellmate, increasing her risk for further
sexual or physical assault. She also fears harm from other inmates who are aware of her
sexual assault complaints.
Plaintiff declares that she has made several attempts to contact appointed
counsel, including by letter, telephone, and enlisting the assistance of family members.
Her efforts to reach counsel have proved unsuccessful, and counsel has not yet filed
anything in connection with the instant motion.
Based on the foregoing, IT IS HEREBY ORDERED that:
1. Plaintiff’s counsel shall address the claims made in Plaintiff’s pro se
emergency motion for temporary restraining order by filing made on or before
July 7, 2017;
2. The Deputy Attorney General is requested to provide information on the status
of Plaintiff’s transfer to CSATF by July 14, 2017; and
3. The Clerk of Court is directed to serve Deputy Attorney General Erin Doering
with a copy of this order.
IT IS SO ORDERED.
July 2, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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