Chan v. County of Sacramento et al

Filing 94

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/28/11 ORDERING that the Clerk of the Court resend 87 , 88 , 89 , 90 , 91 and 92 to plaintiff at the new address.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MADY CHAN, 11 12 13 Plaintiff, No. CIV S-09-2006 MCE GGH P vs. COUNTY OF SACRAMENTO, et al., 14 Defendants. ORDER 15 / 16 Plaintiff is a prisoner proceeding pro se and in forma pauperis with a civil rights 17 action pursuant to 42 U.S.C. § 1983. On October 13 and 18, 2011, court orders sent to plaintiff 18 at Sacramento County Main Jail (SCMJ) were returned to the court as undeliverable. The court 19 understands that plaintiff is still incarcerated at SCMJ, there are no security holds preventing him 20 from receiving mail, and it appears the court orders were properly addressed and properly listed 21 plaintiff’s locator number. Defendant was ordered to provide a statement regarding this situation 22 and timely filed a declaration (Doc. 92). 23 Apparently, SCMJ now requires an inmates exact location to guarantee that an 24 inmate receive legal mail.1 The court, nor does it appear the inmates, were notified of this. It 25 1 26 Due to the potential for rapid, or sequential, transfers of inmates withing the SCMJ, without notice to the court, the potential exists for legal mail never catching up with this new 1 1 would also appear that other SCMJ inmates with matters in federal court may not be receiving 2 their legal mail. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court resend Docs. 4 87, 88, 89, 90, 91 and 92 to plaintiff at the new address. 5 DATED: October 28, 2011 6 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH: AB chan2006.ord11 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 system despite an inmate’s attempts to change address– actions which do logistically burden the court especially if done on a sequential basis. The court may well take up at a later time the issue of a mail system designed to cause problems to those entities which rely on reliable mail delivery within the jail. 2

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