Trotter v. Pfeiffer

Filing 23

ORDER DENYING Plaintiff's 21 Motion Demanding Release, signed by Magistrate Judge Barbara A. McAuliffe on 12/27/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES TROTTER,
Plaintiff,

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v.
WARDEN PFEIFFER,
Defendant.

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1:18-CV-00259-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
DEMANDING RELEASE
(Doc. No. 21)

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Plaintiff James Trotter is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion

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release from captivity, demanding that he not be held at his current institution, and instead be

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transferred to Stockton Medical Prison. (Doc. No. 21.)

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).

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Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious,

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if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a

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defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C. §

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1915(e)(2)(B)(ii). Here, his complaint has not yet been screened, although a brief review shows

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that he alleges that he should not be held in administrative segregation.

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Nevertheless, even if Plaintiff proceeds upon a cognizable claim in this action, he cannot
seek as his relief the transfer to another institution. Plaintiff has no constitutionally protected

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right to be housed in the institution of his choice. See Olim v. Wakinekona, 461 U.S. 238, 249,

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103 S.Ct. 1741, 75 L.Ed.2d 813 (1983); Smith v. Lambert, 12 Fed. App’x 570 (9th Cir. 2001).

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Therefore, his motion will be denied. The Court will screen Plaintiff’s complaint in due course.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for release from captivity

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(Doc. No. 21) is denied.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 27, 2018

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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