Abel v. Martel et al

Filing 49

ORDER denying 48 Motion for injunction signed by Magistrate Judge Carolyn K. Delaney on 02/09/12. (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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JAMES ABEL,

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Plaintiff,

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No. CIV S-09-1749 JAM CKD P

vs.
MIKE MARTEL, et al.,

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Defendants.

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ORDER
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Plaintiff has filed a motion asking that the court order that he remain at the prison

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where he is currently housed until the conclusion of this case. Plaintiff suggests that transfer to

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another prison could impede his ability to litigate this case. In Meachum v. Fano, 427 U.S. 215

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(1976), the United States Supreme Court held that prisoners do not have a constitutional right to

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be housed at a particular prison within a state’s prison system. Therefore, plaintiff’s request will

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be denied. If plaintiff believes he requires extensions of time to comply with court deadlines due

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to his being transferred, he is free to so request.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s January 30, 2012
“motion for injunction . . .” (Dkt. 48) is denied.
Dated: February 9, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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abel1749.trn