(PC) Evans v. Milam et al

Filing 124

ORDER DENYING Plaintiff's 54 Motion for Federal Authorities to Relieve CDCR of Jurisdiction, signed by Magistrate Judge Helena M. Barch-Kuchta on 7/14/2021. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD A. EVANS,

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Plaintiff,
v.

Case No. 1:20-cv-00070-AWI-HBK (PC)
ORDER DENYING PLAINTIFF’S MOTION
(Doc. No. 54)

R. MILAM, ET. AL.,
Defendants.

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Richard A. Evans, a state prisoner, initiated this action by filing a civil rights complaint

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under 42 U.S.C. § 1983 on January 14, 2020. (Doc. No 1). This case remains in the early stages

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of litigation. (See docket). A § 1915 screening is due on Plaintiff’s First Amended Complaint.

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(Doc. No. 34, “FAC”). Pending before the Court is Plaintiff’s one-page motion entitled “motion

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for federal authorities to relieve CDCR of its jurisdiction and authority over their inmates due to

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multiple failures to protect,” filed December 2, 2020. (Doc. No. 54, “Motion”). In his Motion,

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Plaintiff generally takes issue with the rates of the Covid-19 virus within the CDCR correctional

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institutions and attributes the alleged high rates to CDCR’s failure to implement sufficient

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protocols with staff. (Id.). Plaintiff requests that federal authorities, such as the United States

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Marshal, relieve the State of California of its operation of its correctional institutions, specifically

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its efforts to control Covid-19 in the state prisons. (Id.).

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“The federal courts do not sit to supervise state prisons, the administration of which is

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acute interest to the States.” Meachum v. Fano, 427 U.S. 215, 229 (1076). Plaintiff cites to no

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authority and his Motion otherwise fails to provide any factual allegations which would sustain

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federal intervention into the domain of the state’s power over its prisons. See e.g. Missouri v.

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Jenkins, 495 U.S. 33, 51 (1990); Prieser v. Rodriguez, 411 U.S. 475, 492 (1973).

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Accordingly, it is ORDERED:

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Plaintiff’s “motion for federal authorities to relieve CDCR of its jurisdiction and authority

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over their inmates due to multiple failures to protect” (Doc No. 54) is DENIED.

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Dated:

July 14, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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