Becker v. Sherman, et al.

Filing 30

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOSEPH BECKER, 11 12 13 14 15 16 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) 17 18 Plaintiff is a transgender state prisoner proceeding with appointed counsel in a 19 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction 20 of a magistrate judge. This matter proceeds on Plaintiff’s First Amended Complaint on 21 allegations that Defendants failed to ensure Plaintiff’s safety despite knowledge of the 22 substantial risk of serious harm tgo Plaintiff, and, as a result, Plaintiff was the victim of 23 multiple instances of physical and/or sexual assaults. 24 25 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. 26 On June 22, 2017, Plaintiff filed a pro se emergency motion for temporary 27 restraining order to prevent her impending transfer from the Sierra Conservation Center 28 1 1 (“SCC”), where she is presently housed, to the California Substance Abuse Treatment 2 Facility (“CSATF”), an institution where Plaintiff claims she was sexually assaulted on 3 two separate occasions by her cellmates. Plaintiff fears for her safety because of the 4 likelihood that she will be assigned another cellmate, increasing her risk for further 5 sexual or physical assault. She also fears harm from other inmates who are aware of her 6 sexual assault complaints. 7 Plaintiff declares that she has made several attempts to contact appointed 8 counsel, including by letter, telephone, and enlisting the assistance of family members. 9 Her efforts to reach counsel have proved unsuccessful, and counsel has not yet filed 10 anything in connection with the instant motion. 11 Based on the foregoing, IT IS HEREBY ORDERED that: 12 1. Plaintiff’s counsel shall address the claims made in Plaintiff’s pro se 13 emergency motion for temporary restraining order by filing made on or before 14 July 7, 2017; 15 2. The Deputy Attorney General is requested to provide information on the status of Plaintiff’s transfer to CSATF by July 14, 2017; and 16 17 3. The Clerk of Court is directed to serve Deputy Attorney General Erin Doering 18 with a copy of this order. 19 20 21 22 IT IS SO ORDERED. Dated: July 2, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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