Davis v. Walker et al

Filing 307

ORDER signed by Magistrate Judge Deborah Barnes on 7/10/2023 ORDERING, within 10 days of the date of this order, the Deputy Attorney General representing defendants shall contact the litigation coordinator at the prison where plaintiff is incarcera ted to obtain information about the contentions made in plaintiff's 306 motion filed on 7/5/2023. Within 12 days of the date of this order, the Deputy Attorney General shall file a response to plaintiff's 306 motion. That response shall include a declaration from the litigation coordinator or other prison official familiar with plaintiff's situation regarding the contentions plaintiff makes in the 306 motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD DAVIS,

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No. 2:08-cv-0593 KJM DB

Plaintiff,

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v.

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JAMES WALKER, et al.,

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Defendants.

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KENNARD DAVIS,

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No. 2:10-cv-2139 KJM DB

Plaintiff,

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v.

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JAMES WALKER, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner, proceeds with these civil rights actions under 42 U.S.C. § 1983.1

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Plaintiff makes essentially the same allegations regarding her medical care, among other things,
in the two cases covered by this order and, with few exceptions, files the same documents in both
cases. Therefore, the court has and will continue to issue the same orders in both cases. Unless
otherwise noted, the electronic filing numbers in the text refer to the docket in the 2008 case.

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In a motion filed here on July 5, plaintiff seeks a preliminary injunction and a “protective order.”

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(ECF No. 306.) Plaintiff states that she is seeking a transfer to a women’s prison under

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California’s Transgender Respect, Agency, and Dignity Act. Plaintiff contends that due to her

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transgender status, she has been subjected to, among other things, sexual stalking. Given the

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concerning nature of plaintiff’s allegations, this court will order the Deputy Attorney General

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representing defendants to submit a response.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within ten days of the date of this order, the Deputy Attorney General representing

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defendants shall contact the litigation coordinator at the prison where plaintiff is incarcerated to
obtain information about the contentions made in plaintiff’s July 5 motion.
2. Within twelve days of the date of this order, the Deputy Attorney General shall file a

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response to plaintiff’s July 5 motion. That response shall include a declaration from the litigation

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coordinator or other prison official familiar with plaintiff’s situation regarding the contentions

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plaintiff makes in the July 5 motion.

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Dated: July 10, 2023

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DLB:9
DB prisoner inbox/civil rights/R/davi0593&2139.pi resp

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