Mitchell v. Davey, et al.

Filing 9

ORDER for Office of the Attorney General to Address Plaintiff's Motion for an Interlocutory Order under the all writs act; 14-Day Deadline signed by Magistrate Judge Erica P. Grosjean on 10/13/2016. (Sant Agata, S)

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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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WARDEN D. DAVEY, et al.,
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Defendants.

1:16-cv-01148-EPG (PC)
ORDER FOR OFFICE OF THE ATTORNEY
GENERAL TO ADDRESS PLAINTIFF’S
MOTION FOR AN INTERLOCUTORY
ORDER UNDER THE ALL WRITS ACT
(ECF NO. 8)
14-DAY DEADLINE

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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.
On October 7, 2016, Plaintiff filed a motion for an interlocutory order under the All Writs

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Act (“the Motion”). (ECF No. 8). The Court construes the Motion as a motion for injunctive

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relief.

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

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Plaintiff’s legal property, which would interfere with Plaintiff’s ability to prosecute this case.

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Therefore, Plaintiff requests that the Court order that Plaintiff’s legal property be re-inventoried

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while Plaintiff is present and a copy of that inventory sheet be given to Plaintiff to keep in his

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possession. Additionally, Plaintiff requests that the Court order that his legal property stay with

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him when he is transferred (Plaintiff is apparently being transferred to a new prison, but he does

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not state where or when), and that Plaintiff’s legal property be issued to him immediately upon

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his arrival at the prison he is being transferred to.

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Given the allegations that several correctional officers have threatened to destroy evidence
relevant to this case, IT IS HEREBY ORDERED that:
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Within fourteen (14) days from the date of service of this order, the Office of the
Attorney General shall address the allegations in Plaintiff’s Motion, as well as

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his requested relief; and

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2.

The Clerk of the Court is directed to serve Supervising Deputy Attorney General

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Monica Anderson with:
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a. A copy of this order; and

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b. A copy of the Motion (ECF No. 8).

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IT IS SO ORDERED.

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Dated:

October 13, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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