Birdwell et al v Cates et al

Filing 39

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/22/2011 ORDERING that Dfts are to file a reply to Pltf's 38 Motion for a Preliminary Injunction within 21 days. The Clerk to send a copy of the 16 amended complaint, a copy of 38 motion and a copy of this order upon Monica Anderson, Supervising Attorney General and Warden William Knipp. (cc: M. Anderson) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BILLY PAUL BIRDWELL, II,

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Plaintiff,

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vs.

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No. CIV S-10-0719 KJM GGH P

M. CATES, et al.,

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Defendants.

ORDER
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Plaintiff is a prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. This action continues on allegations that plaintiff’s ability

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to practice his religion has been violated under the First Amendment and RLUIPA.

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Presently pending is plaintiff’s April 11, 2011 motion for a preliminary injunction.

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Doc. 38. Plaintiff alleges that he was transferred from Mule Creek State Prison to another

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institution in retaliation for the instant litigation. Plaintiff also states that defendants took this

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action as many of the claims in the instant federal civil rights action would become moot as a

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result of this transfer. As this claim could have merit, defendants are ordered to reply to

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plaintiff’s motion for a preliminary injunction within 21 days.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants are ordered to file a reply to plaintiff’s motion for a preliminary
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injunction, Doc. 38, within 21 days.

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2. The Clerk of the Court is directed to send a copy of the amended complaint,

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Doc. 16, a copy of plaintiff’s motion for injunctive relief, Doc. 38, and a copy of this order upon

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Monica Anderson, Supervising Deputy Attorney General.

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3. In addition, the Clerk of the Court is directed to send a copy of the amended

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complaint, Doc. 16, a copy of plaintiff’s motion for injunctive relief, Doc. 38, and a copy of this

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order upon Warden William Knipp, Mule Creek State Prison, P.O. Box 409099, Ione, CA 95640.

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DATED: April 22, 2011

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE
GGH: AB
bird0719.ord2

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