Mitchell v. Davey, et al.

Filing 17

ORDER for Office of the Attorney General to Address Plaintiff's Motion for Reconsideration 15 , signed by Magistrate Judge Erica P. Grosjean on 12/20/16. 14-Day Deadline. (cc: Supervising Deputy Attorney General Monica Anderson). (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN E. MITCHELL, 12 Plaintiff, 13 v. 14 WARDEN D. DAVEY, et al., 15 1:16-cv-01148-EPG (PC) ORDER FOR OFFICE OF THE ATTORNEY GENERAL TO ADDRESS PLAINTIFF’S MOTION FOR RECONSIDERATION (ECF NO. 15) 14-DAY DEADLINE Defendants. 16 17 18 19 John Mitchell (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this 20 civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing 21 this action on August 5, 2016. (ECF No. 1). The Court has screened the Complaint (ECF No. 22 16). Plaintiff has consented to magistrate judge jurisdiction (ECF No. 7), and no other parties 23 have appeared. 24 On October 7, 2016, Plaintiff filed a motion for an interlocutory order under the All Writs 25 Act (“the Motion”). (ECF No. 8). The Court construed the Motion as a motion for injunctive 26 relief. 27 According to the Motion, Plaintiff’s legal property was being held by officials at 28 California State Prison, Corcoran. Included in Plaintiff’s legal property are documents pertinent 1 1 to this case. Plaintiff was apparently being transferred to a new prison, although he did not state 2 where or when. Correctional officers Alvarez, Vargas, and Huewe all allegedly threatened to 3 destroy Plaintiff’s legal property during the transfer, which would interfere with Plaintiff’s ability 4 to prosecute this case. Therefore, Plaintiff requested that the Court order that Plaintiff’s legal 5 property be re-inventoried while Plaintiff was present and that a copy of that inventory sheet be 6 given to Plaintiff to keep in his possession. Additionally, Plaintiff requested that the Court order 7 that his legal property stay with him during the transfer, and that Plaintiff’s legal property be 8 issued to him immediately upon his arrival at the prison he was being transferred to. 9 The Office of the Attorney General (“OAG”) filed opposition to the Motion. (ECF No. 10 11). According to the OAG, on October 12, 2016, Plaintiff was transferred to the California 11 Substance Abuse and Treatment Facility (“SATF”). Plaintiff’s property was transferred to SATF 12 on that same day. Plaintiff’s property was inventoried before the transfer, and Plaintiff signed the 13 property inventory form, indicating that the inventoried property consisted of all of his property. 14 However, on October 14, 2016, Plaintiff was transferred to the California Correctional 15 Health Care Facility because of his urgent mental health needs. Plaintiff was going to be treated 16 and then returned to SATF. Once Plaintiff was returned to SATF, Plaintiff’s property was to be 17 inventoried in his presence. In the meantime, it was to be stored. 18 Given that the transfer had already occurred, that the officers who threatened to destroy 19 Plaintiff’s legal property no longer had access to it, that Plaintiff’s legal property was allegedly 20 inventoried in his presence, and given the OAG’s assurance that Plaintiff’s legal property would 21 22 23 24 25 26 27 be inventoried in his presence once Plaintiff was returned to SATF, the Court denied the motion. (ECF No. 14). On November 22, 2016, Plaintiff filed a motion for reconsideration. According to Plaintiff he was not returned to SATF, but was instead transferred to R.J. Donovan. Plaintiff alleges that despite repeated requests to SATF, he has not received his legal property. Given the allegations that Plaintiff was transferred to R.J. Donovan instead of SATF, and that he was not in fact given access to his legal property upon being transferred, IT IS HEREBY ORDERED that: 28 2 1 1. Within fourteen (14) days from the date of service of this order, the Office of the 2 Attorney General shall address the allegations in Plaintiff’s motion for 3 reconsideration; and 4 2. Monica Anderson with: 5 a. A copy of this order; and 6 b. A copy of the Plaintiff’s motion for reconsideration (ECF No. 15). 7 8 The Clerk of the Court is directed to serve Supervising Deputy Attorney General IT IS SO ORDERED. 9 10 Dated: December 20, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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