Williams v. Price et al

Filing 16

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 3 signed by Magistrate Judge Stanley A. Boone on 4/4/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 COREY WILLIAMS, Plaintiff, 12 13 Case No. 1:18-cv-00102-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. 14 BRANDON PRICE, et al., 15 Defendants. 16 (ECF No. 3) 17 FOURTEEN DAY DEADLINE 18 19 20 Plaintiff Corey Williams, 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 March 7, 2018, and Plaintiff was directed to either 22 notify the Court that he is willing to proceed on the claims found to be cognizable in the screening 23 order, notify the Court that he wishes to stand on his complaint, or file an amended complaint. 24 (ECF No. 11.) In the screening order, the Court found that Plaintiff’s complaint states cognizable 25 substantive due process claims against Defendants Pam Ahlin and Brandon Price (“Defendants”) 26 in their official capacities in relation to the potential prohibition, confiscation, and destruction of 27 certain electronic devices, manufactured CDs/DVDs, and scanned digital documents under 28 regulations promulgated by the California Department of State Hospitals. 1 1 On January 22, 2018, Plaintiff filed a motion for a preliminary injunction requesting the 2 Court stop the implementation of portions of Regulation 4350 that relate to the confiscation of 3 certain electronic devices and electronic storage media. (ECF No. 3.) Because of the serious 4 nature and possible consequences reflected in Plaintiff’s allegations, the Court seeks a response 5 from Defendants before ruling on the motion for preliminary injunction. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Court shall require the Attorney General to make a special appearance on 8 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; 2. 10 Within fourteen (14) days of the date of service of Defendant’s response, Plaintiff 11 may file a reply to Defendant’s response to the motion for immediate injunctive 12 relief; and 3. 13 The Clerk of the Court is directed to send a copy of the complaint (ECF No. 1), a 14 copy of Plaintiff’s motion for preliminary injunction (ECF No. 3), a copy of the 15 screening order (ECF No. 11), and a copy of this order to Deputy Attorney General 16 Lisa Anne Tillman at the following address: 17 Lisa Anne Tillman Office of the Attorney General, State of California Suite 125 1300 I Street Sacramento, CA 94244-2550 18 19 20 21 22 IT IS SO ORDERED. 23 Dated: April 4, 2018 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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