Becker v. Sherman, et al.

Filing 35

ORDER DENYING Plaintiff's Pro Se 29 Emergency Motion for Temporary Restraining Order, signed by Magistrate Judge Michael J. Seng on 7/10/17. (Marrujo, C)

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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,
v.
WARDEN SHERMAN, et al.,

CASE No. 1:16-cv-0828-MJS (PC)
ORDER DENYING PLAINTIFF’S PRO SE
EMERGENCY MOTION FOR
TEMPORARY RESTRAINING ORDER
(ECF NO. 29)

Defendants.

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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.

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Pending before the Court is Plaintiff’s June 22, 2017, pro se emergency motion

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for temporary restraining order to prevent Plaintiff’s impending transfer from the Sierra

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Conservation Center, where she is presently housed in single-cell status, to the

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California Substance Abuse Treatment Facility (“CSATF”), an institution where Plaintiff

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claims she was assaulted on two separate occasions by her cellmates. Plaintiff filed this

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motion pro se after her alleged inability to communicate with appointed counsel.

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At the Court’s order, counsel for Plaintiff filed a response to the pro se motion.
(ECF Nos. 33-34.) Based on counsel’s declaration, the undersigned finds that

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communications between Plaintiff and her attorney have been consistent and regular. It

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also does not appear that Plaintiff is currently scheduled to be transferred to CSATF or

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any other institution. See Adams Decl. ¶ 6.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s June 22, 2017, pro se
motion (ECF No. 29) is DENIED.

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IT IS SO ORDERED.
Dated:

July 10, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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