Asberry v. Biter

Filing 222

ORDER DIRECTING CLERK TO PROVIDE NOTICE TO APPROPRIATE INSTITUTIONAL OFFICIAL, signed by Magistrate Judge Helena M. Barch-Kuchta on 7/26/2021. (This Order served on Litigation Coordinator at Kern Valley State Prison via email)(Martin-Gill, S)

Case 1:16-cv-01741-NONE-HBK Document 222 Filed 07/27/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,
Plaintiff,

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v.

Case No. 1:16-cv-01741-NONE-HBK
ORDER DIRECTING CLERK TO PROVIDE
NOTICE TO APPROPRIATE
INSTITUTIONAL OFFICIAL

C. RELEVANTE, et al.,

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Defendants.

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Plaintiff Tony Asberry is proceeding pro se in this civil rights action. Plaintiff is presently

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incarcerated at Kern Valley State Prison. (See docket). At the settlement conference held today

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before the undersigned, Plaintiff stated his “life is in danger.” He claims he is the only black

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inmate housed in his unit and that other inmates in his unit are gang members and have threatened

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him. Plaintiff stated he fears for his life.

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The Court regularly receives notice from inmates alleging danger of death or imminent

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serious physical harm. In an abundance of caution, the Court will expediate notice of Plaintiff’s

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allegations to the appropriate state or federal officials for whatever action those officials deem

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appropriate.

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Accordingly, it is ORDERED:

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1. The Clerk shall forward a copy of this Order to the appropriate officials at Kern Valley

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State Prison for handling as official(s) deem appropriate.

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Case 1:16-cv-01741-NONE-HBK Document 222 Filed 07/27/21 Page 2 of 2
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2. The Clerk shall indicate on the docket the name of the official(s) to whom notice was
provided and upon receipt the official(s) shall confirm receipt thereof.

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3. This Order provides notice only to correctional officials of Plaintiff’s allegations and

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should not be construed as a ruling on the merits of Plaintiff’s allegations or the merits of the

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underlying claims.

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Dated:

July 26, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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