Segura v. Ahlin et al

Filing 12

ORDER DIRECTING a Special Appearance on Behalf of Un-Served Defendants by Office of Attorney General and DIRECTING Clerk of Court to Serve Deputy Attorney General Lisa Anne Tillman; Fourteen Day Deadline signed by Magistrate Judge Stanley A. Boone on 4/6/2018. (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 ROBERT K. SEGURA, 12 Plaintiff, 13 14 15 Case No. 1:18-cv-00052-LJO-SAB (PC) ORDER DIRECTING A SPECIAL APPEARANCE ON BEHALF OF UNSERVED DEFENDANTS BY OFFICE OF ATTORNEY GENERAL AND DIRECTING CLERK OF COURT TO SERVE DEPUTY ATTORNEY GENERAL LISA ANNE TILLMAN v. PAM AHLIN, et al., Defendants. 16 (ECF No. 6) 17 FOURTEEN DAY DEADLINE 18 19 20 Plaintiff Robert K. Segura, a civil detainee, is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 21 Plaintiff’s complaint was screened on February 22, 2018, and Plaintiff was directed to 22 either notify the Court that he is willing to proceed on the claims found to be cognizable in the 23 screening order, notify the Court that he wishes to stand on his complaint, or file an amended 24 complaint. (ECF No. 8.) In the screening order, the Court found that Plaintiff’s complaint states 25 cognizable substantive due process claims against Defendants Pam Ahlin and Brandon Price 26 (“Defendants”) in their official capacities in relation to the potential prohibition, confiscation, 27 and destruction of certain electronic devices, manufactured CDs/DVDs, and scanned digital 28 documents under regulations promulgated by the California Department of State Hospitals. 1 1 On January 29, 2018, Plaintiff filed a motion for temporary restraining order (“TRO”) 2 requesting the Court stop the implementation of portions of Regulation 4350 that relate to the 3 confiscation and destruction of certain electronic devices and manufactured CDs/DVDs. (ECF 4 No. 6.) Because of the serious nature and possible consequences reflected in Plaintiff’s 5 allegations, the Court seeks a response from Defendants before ruling on the motion for 6 temporary restraining order. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Court shall require the Attorney General to make a special appearance on behalf of Defendants and respond within fourteen (14) days of the date of service 9 of this order to Plaintiff’s request for immediate injunctive relief; 10 2. 11 Within fourteen (14) days of the date of service of Defendants’ response, Plaintiff 12 may file a reply to Defendants’ response to the motion for immediate injunctive 13 relief; and 3. 14 The Clerk of the Court is directed to send a copy of the complaint (ECF No. 1), a 15 copy of Plaintiff’s motion for a TRO (ECF No. 6), a copy of the screening order 16 (ECF No. 8), and a copy of this order to Deputy Attorney General Lisa Anne 17 Tillman at the following address: 18 Lisa Anne Tillman Office of the Attorney General, State of California Suite 125 1300 I Street Sacramento, CA 94244-2550 19 20 21 22 IT IS SO ORDERED. 23 Dated: April 6, 2018 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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