Mitchell v. Davey, et al.

Filing 14

ORDER Denying Plaintiff's 8 Motion for an Interlocutory Order Under the All Writs Act as Moot, signed by Magistrate Judge Erica P. Grosjean on 11/10/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN E. MITCHELL,
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Plaintiff,
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v.
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1:16-cv-01148-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AN INTERLOCUTORY ORDER UNDER
THE ALL WRITS ACT AS MOOT
(ECF NO. 8)

WARDEN D. DAVEY, et al.,
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Defendants.
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John Mitchell (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing

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this action on August 5, 2016. (ECF No. 1). The Complaint has not yet been screened, and at

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this time the Court is not making a determination regarding whether the claim(s) are meritorious.

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Plaintiff has consented to magistrate judge jurisdiction (ECF No. 7), and no other parties have

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appeared.1

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On October 7, 2016, Plaintiff filed a motion for an interlocutory order under the All Writs
Act (“the Motion”). (ECF No. 8). The Court construes the Motion as a motion for injunctive
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The Office of the Attorney General appeared only to respond to this motion. It did not
appear on behalf of any defendants. (ECF No. 11, p. 1 n. 1).
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relief.
According to the Motion, Plaintiff’s legal property is being held by officials at California

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State Prison, Corcoran. Included in Plaintiff’s legal property are documents pertinent to this case.

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Plaintiff is apparently being transferred to a new prison (although he does not state where or

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when). Correctional officers Alvarez, Vargas, and Huewe have all allegedly threatened to destroy

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Plaintiff’s legal property during the transfer, which would interfere with Plaintiff’s ability to

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prosecute this case. Therefore, Plaintiff requests that the Court order that Plaintiff’s legal

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property be re-inventoried while Plaintiff is present and a copy of that inventory sheet be given to

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Plaintiff to keep in his possession. Additionally, Plaintiff requests that the Court order that his

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legal property stay with him when he is transferred, and that Plaintiff’s legal property be issued to

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him immediately upon his arrival at the prison he is being transferred to.
The Office of the Attorney General (“OAG”) filed opposition to the Motion. (ECF No.

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11). According to the OAG, on October 12, 2016, Plaintiff was transferred to the California

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Substance Abuse and Treatment Facility (“SATF”). Plaintiff’s property was transferred to SATF

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on that same day. Plaintiff’s property was inventoried before the transfer, and Plaintiff signed the

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property inventory form, indicating that the inventoried property consisted of all of his property.

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However, on October 14, 2016, Plaintiff was transferred to the California Correctional Health

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Care Facility because of his urgent mental health needs. He will be treated and returned to SATF.

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Once Plaintiff is returned to SATF, Plaintiff’s property will be inventoried in his presence. In the

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meantime, it will be stored.

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The transfer has already occurred, so the relief Plaintiff asked for can no longer be

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granted. Further, it appears that the officers who threatened to destroy Plaintiff’s legal property

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no longer have access to it. Finally, it appears that Plaintiff already received some of the relief

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that he asked for. According to the OAG, Plaintiff’s property was inventoried before the transfer,

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and Plaintiff signed the property inventory, indicating that the inventoried property consisted of

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all of his property. Additionally, once Plaintiff is returned to SATF his property will be

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inventoried in his presence.

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\\\
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Accordingly, IT IS ORDERED that the Motion is DENIED without prejudice AS MOOT.

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However, if Plaintiff’s legal property has been destroyed, Plaintiff may bring an appropriate

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motion.

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IT IS SO ORDERED.
Dated:

November 10, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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