Graham v. Jaffe et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 04/15/13 ordering plaintiff's 03/18/13 motion 77 is partially granted. Within 14 days from the date of this order, counsel shall file a status report as set forth above. Plaintiff may file a reply within 7 days thereafter. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY R. GRAHAM,
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Plaintiff,
No. 2:08-cv-2533 GEB KJN P
Defendants.
ORDER
vs.
JUBB, et al.,
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Plaintiff is a state prisoner proceeding without counsel. This civil rights action is
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proceeding on plaintiff’s third amended complaint alleging that defendants Jubb and Whitted
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were deliberately indifferent to plaintiff’s serious medical needs while plaintiff was housed at
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California State Prison, Sacramento. Plaintiff is now housed at California State Prison, Lancaster
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(“CSP-LAC”). On March 18, 2013, plaintiff filed a motion for return of property. Plaintiff
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states that he has been placed in a mental health crisis bed at CSP-LAC, and that he will be
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transferred to the Department of Mental Health at Vacaville, California. Plaintiff claims he has
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no legal property in his possession, and seeks a court order directing CSP-LAC officials to
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provide plaintiff with his legal materials.
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On April 4, 2013, plaintiff filed a notice of change of address to the California
Medical Facility (“CMF”) in Vacaville, California.
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By order filed March 1, 2013, the court set a schedule in this matter, and
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discovery must be completed by June 28, 2013. Thus, it appears plaintiff has been without his
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legal materials for a large part of the discovery period, and it is unclear when plaintiff will be
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reunited with his legal materials. Accordingly, the court cannot determine the impact on
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plaintiff’s ability to seek discovery, and whether a modification to the March 1, 2013 scheduling
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order is appropriate. Therefore, the undersigned requests that counsel for defendants contact the
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litigation coordinator at California Medical Facility or other appropriate prison officials to
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determine whether plaintiff now has possession of his legal materials or, if he does not, what date
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he will receive the legal materials from CSP-LAC. Within fourteen days from the date of this
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order, counsel shall file a status report informing the court of the status of plaintiff’s legal
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materials, and setting forth defendants’ position on a modification to the scheduling order.
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Plaintiff may file a reply within seven days thereafter.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s March 18, 2013 motion (dkt. no. 77) is partially granted; and
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2. Within fourteen days from the date of this order, counsel shall file a status
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report as set forth above. Plaintiff may file a reply within seven days thereafter.
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DATED: April 15, 2013
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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