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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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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