Asberry v. Cate et al

Filing 58

ORDER signed by Magistrate Judge Kendall J. Newman on 5/21/2012 ORDERING that plaintiff's 56 motion is construed as a motion for preliminary injunctive relief; defendants shall, within 14 days, file and serve a response to plaintiff's motion; and plaintiff may, within 14 days after service of response, file a reply. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

TONY ASBERRY,

11

Plaintiff,

12
13

No. 2:09-cv-01494 MCE KJN P

vs.
MATHEW CATE, et al.,

14

Defendants.

15

ORDER
/

16

On May 11, 2012, plaintiff filed a motion seeking the termination of his

17

“orientation status,” a classification in which plaintiff asserts he has been improperly retained

18

since his transfer to R. J. Donovan Correctional Facility in March 2012. Plaintiff alleges that this

19

prolonged classification, and attendant conditions of confinement, are causing him significant

20

mental and physical harm. While plaintiff’s motion appears to request a remedy that must first

21

be administratively exhausted, the court construes it, for present purposes, as a motion for

22

preliminary injunctive relief. So construed, defendants will be required to file a response.

23

////

24

////

25

////

26

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s motion filed May 11, 2012 (Dkt. No. 56), is construed as a motion

3
4
5

for preliminary injunctive relief;
2. Defendants shall, within fourteen days after the filing date of this order, file
and serve a response to plaintiff’s motion; and

6

3. Plaintiff may, within ten days after service of defendants’ response, file a reply.

7

SO ORDERED.

8

DATED: May 21, 2012

9
10

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

11
12

asbe1494.pi.ord.rspns

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2