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