(PC) L.C. Cunningham v. Martinez et al

Filing 73

ORDER Requesting that the Warden of Kern Valley State Prison Respond to Plaintiff's Motion for an Order Under the All Writs Act 72 ; ORDER Directing Clerk to Serve a Copy of this Order and the Motion for an Order Under the All Writs Act on Senior Assistant Attorney General Monica Anderson and the Warden of Kern Valley State Prison, signed by Magistrate Judge Erica P. Grosjean on 04/28/2021. Responses Due Within Twenty-One Days. (Maldonado, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 L.C. CUNNINGHAM, Plaintiff, 11 12 13 14 v. M. MARTINEZ, et al., Defendants. 15 16 17 Case No. 1:19-cv-01508-AWI-EPG (PC) ORDER REQUESTING THAT THE WARDEN OF KERN VALLEY STATE PRISON RESPOND TO PLAINTIFF’S MOTION FOR AN ORDER UNDER THE ALL WRITS ACT (ECF NO. 72) ORDER DIRECTING CLERK TO SERVE A COPY OF THIS ORDER AND THE MOTION FOR AN ORDER UNDER THE ALL WRITS ACT (ECF NO. 72) ON SENIOR ASSISTANT ATTORNEY GENERAL MONICA ANDERSON AND THE WARDEN OF KERN VALLEY STATE PRISON 18 19 20 21 22 L.C. Cunningham (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On April 26, 2021, Plaintiff filed what the Court construes as a motion under the All 23 Writs Act. (ECF No. 72). Plaintiff alleges that he does have access to the law library, but he is 24 not able to use books. Instead, Plaintiff appears to allege that his institution of confinement has 25 an email system, but that system is not working for him and he is unable to “research [his] 26 case.” (Id. at 1). 27 Given that Plaintiff appears to allege that he is unable to view relevant law, the Court 28 will request that the Warden of Kern Valley State Prison file a response to Plaintiff’s motion. 1 1 Accordingly, IT IS REQUESTED that, within twenty-one (21) days from the date of 2 service of this order, the Warden of Kern Valley State Prison file a response to Plaintiff’s 3 motion (ECF No. 72). 4 Additionally, IT IS ORDERED that the Clerk of Court is directed to serve Senior 5 Assistant Attorney General Monica Anderson and the Warden of Kern Valley State Prison with 6 a copy of this order and Plaintiff’s motion (ECF No. 72). 7 8 9 IT IS SO ORDERED. Dated: April 28, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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