Mitchell v. Schwartzenegger et al

Filing 148

ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/14 ORDERING that plaintiffs motions (ECF Nos. 143 , 145 ) are denied without prejudice.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN MITCHELL,

12

Plaintiff,

13
14

No. 2:09-cv-3012 JAM KJN P

v.

ORDER

J. HAVILAND, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding without counsel. Plaintiff has filed two motions

17
18

requesting a court order requiring the Warden at the California Substance Abuse Treatment

19

Facility at Corcoran (“SATF”) to have “R&R” ship plaintiff’s personal property forthwith to

20

plaintiff at Folsom Prison where he is being confined by the court’s order to testify in the John

21

Draper v. D. Rosario case. (ECF Nos. 143; 145 at 1.)
Court records indicate that on April 7, 2014, U.S. Magistrate Judge Edmund F. Brennan

22
23

issued an order and writ of habeas corpus ad testificandum for plaintiff to be produced as a

24

witness for trial in Draper v. Rosario, Case No. 10-cv-0032 KJM EFB P. Plaintiff is advised that

25

if he needs his legal materials in order to assist his testimony as a witness in Draper, plaintiff must

26

file a request in that case. Court records reflect that jury trial in Draper was recently reset to June

27

16, 2014, at 9:00 a.m. Id. (ECF No. 192).

28

////
1

1

This court is without jurisdiction to issue an order to prison officials at SATF. The instant

2

action is proceeding as to defendants employed at California State Prison, Solano, and plaintiff is

3

presently housed at California State Prison, Sacramento. Thus, plaintiff’s motions are denied

4

without prejudice.

5

IT IS HEREBY ORDERED that plaintiff’s motions (ECF Nos. 143, 145) are denied

6

without prejudice.

7

Dated: May 6, 2014

8
9

/mitc3012.mat

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2