Toscano v. Kernan
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BENJAMIN K. TOSCANO,
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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-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
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Benjamin K. Toscano (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
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commencing this action on September 23, 2016. (ECF No. 1). The Complaint has not yet been
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screened, and at this time the Court is not making a determination regarding whether the claim(s)
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are meritorious. Plaintiff has consented to magistrate judge jurisdiction (ECF No. 10), and no
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other parties have appeared.
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On November, 2016, Plaintiff filed two motions for injunctive relief. (ECF Nos. 11-12).
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The Complaint and the motion for injunctive relief (ECF No. 12) contain allegations that Plaintiff
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is in imminent danger. The other motion for injunctive relief (ECF No. 11) contains allegations
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that Plaintiff is being retaliated against for filing lawsuits, and prison officials are refusing to give
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him access to his legal documents.
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Given the nature of the allegations, IT IS HEREBY ORDERED that:
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1.
Within fourteen (14) days from the date of service of this order, the Office of the
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Attorney General shall address the allegations in Plaintiff’s Motions (ECF Nos.
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11-12), as well as his requested relief; and
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2.
Monica Anderson with:
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a. A copy of this order; and
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b. A copy of the Motions (ECF Nos. 11-12).
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The Clerk of the Court is directed to serve Supervising Deputy Attorney General
IT IS SO ORDERED.
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Dated:
November 10, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
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