Dean v. Gonzales

Filing 101

ORDER signed by Magistrate Judge Kendall J. Newman on 11/08/13 ordering that plaintiff's 11/04/13 filing 100 is disregarded. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,

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No. 2:10-cv-01355 MCE KJN (PC)

Plaintiff,
v.

ORDER

KATHRYN M. GONZALES, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 42

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U.S.C. § 1983. On October 25, 2013, defendants filed a motion for summary judgment. On

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November 4, 2013, plaintiff filed a document styled as “evidence showing state’s intent to send

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plaintiff to high security prison next door.” ECF No. 100. However, plaintiff’s “evidence”

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appears unrelated to plaintiff’s claims in his fifth amended complaint alleging that defendants at

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the Sacramento County Jail violated his Eighth Amendment rights by their alleged deliberate

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indifference to his serious medical needs (ECF No. 34).

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Plaintiff is presently incarcerated in a state prison in Corcoran, California. In plaintiff’s

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recent filing, he claims that the state intends to send plaintiff to a high security prison. ECF No.

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100 at 1. Plaintiff argues that he requires a permanent single cell. ECF No. 100 at 6. However,

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none of these claims are related to plaintiff’s underlying Eighth Amendment claims based on

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incidents at the Sacramento County Jail, and none of the defendants named in this action are
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employed at the state prison in Corcoran. Because plaintiff’s filing is unrelated to the claims at

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issue here, and it is unclear what relief, if any, plaintiff seeks by this filing, plaintiff’s “evidence”

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will be held in the court file and disregarded.1 Plaintiff is cautioned that he must file an

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opposition to defendants’ motion for summary judgment pursuant to Local Rule 230(l).
Accordingly, IT IS HEREBY ORDERED that plaintiff’s November 4, 2013 filing (ECF

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No. 100) is disregarded.

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Dated: November 8, 2013

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dean1355.ord(2)

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If plaintiff intends to challenge the actions of prison officials at the state prison in Corcoran, he
must file a civil rights complaint naming such officials. Claims arising in Corcoran, Kings
County, California, must be filed in the Fresno Division of the United States District Court. L.R.
120(d).
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