Rushdan v. Davey et al.

Filing 22

ORDER Denying Plaintiff's 10 Motion of Correction signed by Magistrate Judge Gary S. Austin on 08/13/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALADIN RUSHDAN,
aka ROBERT STANLEY WOOD,

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ORDER DENYING PLAINTIFF’S MOTION
OF CORRECTION
(ECF No. 12.)

Plaintiff,

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1:16-cv-00988-LJO-GSA-PC

vs.
D. DAVEY, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 1, 2016. (ECF

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No. 1.) On October 21, 2016, Plaintiff filed a Motion of Correction, which is now before the

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court. (ECF No. 10.)

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Plaintiff requests the court to change his name on this record for this case. He asserts

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that this case was filed as “Saladin Rushdan (AKA: Woods) v. D. Davey,” and that Saladin

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Rushdan is Plaintiff’s “real and true name.” (ECF No. 10.) Plaintiff requests the court to use

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his name as originally filed and accepted.

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The court initially entered Plaintiff’s name on the record for this case as Saladin
However, on September 30, 2016, Plaintiff’s court mail was returned to

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Rushdan, B-38236.

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the court as undeliverable, with a notation “Name & CDC Number Do Not Match.” (Court
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record.) To insure that Plaintiff will receive his court mail in this case, the court changed

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Plaintiff’s name on the record to “Robert Stanley Wood, B-38236, aka Saladin Rushdan.”1 The

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court re-served the returned mail using the updated name. After the name was updated none of

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Plaintiff’s court mail has been returned to the court as undeliverable in this case.

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Evidence shows that CDCR and LAC identify Plaintiff as Robert Stanley Woods, not

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Saladin Rushdan.2 The CDCR’s online database identifies Plaintiff as Robert Stanley Woods,

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not Saladin Rushdan. Also, Plaintiff is identified as “Woods, Robert, CDCR B38236” on the

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LAC trust account statement filed by Plaintiff on July 1, 2016. (ECF No. 2.) Plaintiff states

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that Saladin Rushdan is his “real and true name,” but Plaintiff has not submitted evidence that

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he will receive his court mail using that name. Without such evidence, the court shall not

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change Plaintiff’s name on the record for this case.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion of Correction, filed on
October 21, 2016, is DENIED.

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IT IS SO ORDERED.
Dated:

August 13, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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The court’s database generates mailing labels for the parties using the name and address
entered on the database.
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According to court records, Plaintiff has been housed at the California State Prison-Los
Angeles County (“LAC”) in Lancaster, California, since he filed this case on July 1, 2016.
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