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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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 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 16 17 18 John Mitchell (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this 19 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 Complaint has not yet been screened, and at 22 this time the Court is not making a determination regarding whether the claim(s) are meritorious. 23 Plaintiff has consented to magistrate judge jurisdiction (ECF No. 7), and no other parties have 24 appeared. On October 7, 2016, Plaintiff filed a motion for an interlocutory order under the All Writs 25 26 Act (“the Motion”). (ECF No. 8). The Court construes the Motion as a motion for injunctive 27 relief. 28 According to the Motion, Plaintiff’s legal property is being held by officials at California 1 1 State Prison, Corcoran. Included in Plaintiff’s legal property are documents pertinent to this case. 2 Correctional officers Alvarez, Vargas, and Huewe have all allegedly threatened to destroy 3 Plaintiff’s legal property, which would interfere with Plaintiff’s ability to prosecute this case. 4 Therefore, Plaintiff requests that the Court order that Plaintiff’s legal property be re-inventoried 5 while Plaintiff is present and a copy of that inventory sheet be given to Plaintiff to keep in his 6 possession. Additionally, Plaintiff requests that the Court order that his legal property stay with 7 him when he is transferred (Plaintiff is apparently being transferred to a new prison, but he does 8 not state where or when), and that Plaintiff’s legal property be issued to him immediately upon 9 his arrival at the prison he is being transferred to. 10 11 12 Given the allegations that several correctional officers have threatened to destroy evidence relevant to this case, IT IS HEREBY ORDERED that: 1. 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 13 his requested relief; and 14 2. The Clerk of the Court is directed to serve Supervising Deputy Attorney General 15 Monica Anderson with: 16 a. A copy of this order; and 17 b. A copy of the Motion (ECF No. 8). 18 19 IT IS SO ORDERED. 20 Dated: October 13, 2016 /s/ 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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