Toscano v. Kernan

Filing 14

ORDER for Office of the Attorney General to Address Plaintiff's Motions for Injunctive Relief signed by Magistrate Judge Erica P. Grosjean on 11/10/2016. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
BENJAMIN K. TOSCANO,
12
Plaintiff,
13
v.
14
WARDEN D. DAVEY, et al.,
15
Defendants.

1:16-cv-01554-EPG (PC)
ORDER FOR OFFICE OF THE ATTORNEY
GENERAL TO ADDRESS PLAINTIFF’S
MOTIONS FOR INJUNCTIVE RELIF
(ECF Nos. 11-12)
14-DAY DEADLINE

16
17
18
19

Benjamin K. Toscano (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

20

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

21

commencing this action on September 23, 2016. (ECF No. 1). The Complaint has not yet been

22

screened, and at this time the Court is not making a determination regarding whether the claim(s)

23

are meritorious. Plaintiff has consented to magistrate judge jurisdiction (ECF No. 10), and no

24

other parties have appeared.

25

On November, 2016, Plaintiff filed two motions for injunctive relief. (ECF Nos. 11-12).

26

The Complaint and the motion for injunctive relief (ECF No. 12) contain allegations that Plaintiff

27

is in imminent danger. The other motion for injunctive relief (ECF No. 11) contains allegations

28

that Plaintiff is being retaliated against for filing lawsuits, and prison officials are refusing to give
1

1

him access to his legal documents.

2

Given the nature of the allegations, IT IS HEREBY ORDERED that:

3

1.

Within fourteen (14) days from the date of service of this order, the Office of the

4

Attorney General shall address the allegations in Plaintiff’s Motions (ECF Nos.

5

11-12), as well as his requested relief; and

6

2.

Monica Anderson with:

7

a. A copy of this order; and

8

b. A copy of the Motions (ECF Nos. 11-12).

9
10

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

IT IS SO ORDERED.

11
12

Dated:

November 10, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2