Harris v. Sexton, et al.

Filing 26

ORDER DENYING Plaintiff's Motion to Modify and/or Terminate a Court Order 23 , signed by Magistrate Judge Stanley A. Boone on 8/14/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARNEST S. HARRIS,

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Plaintiff,

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v.
SEXON, et al.,
Defendants.

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Case No.: 1:18-cv-00080-DAD-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO MODIFY AND/OR TERMINATE A
COURT ORDER
[ECF No. 23]

Plaintiff Earnest S. Harris is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendants Sexton, Aquirre, Stewart, Lambert, Gutierrez, L.

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Cellobos, and I. Ramirez for subjecting Plaintiff to conditions of confinement in regarding to

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conducting the guard one system security check in violation of the Eighth Amendment.

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Currently before the Court is Plaintiff’s motion to modify and/or terminate a court order in

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Coleman v. Brown, Case No. 2:90-cv-00520-KJM-DB (E.D. Cal.), filed August 14, 2018. (ECF No.

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23.) More specifically, Plaintiff requests that the Court terminate the portion of the guard one system

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that includes all inmates in administrative segregation, security housing unit, and condemn units.

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“A district court retains jurisdiction to enforce its judgments.” Hook v. Ariz. Dept. of Corr.,

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972 F.2d 1012, 1014 (9th Cir. 1992) (citing City of Las Vegas v. Clark County, Nev., 755 F.2d 697,

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701 (9th Cir. 1985); see also Skelly v. Dockweiler, 75 F.SUpp. 11, 17 (S.D. Cal. 1947) (noting that a
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court may choose not to exercise its jurisdiction when another court having jurisdiction over the same

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matter has entertained it and can achieve the same result). Plaintiff cannot seek to modify and/or

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terminate the court orders provided in the Coleman action. A claim regarding a modification and/or

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termination of the Coleman orders requires action to be requested in the action that issued the order.

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See Hook, 972 F.2d at 1014. Plaintiff therefore cannot seek here any modification or termination of

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those court orders.

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IT IS SO ORDERED.

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Dated:

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August 14, 2018
UNITED STATES MAGISTRATE JUDGE

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