Solomon v. Negrete et al

Filing 43

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/16/11 ORDERING that within 14 days of the date of this order, defendant Dr. Tate must file a response to plaintiffs motion, filed on September 8, 2011, construed as a motion for preliminary inj unctive relief. There will be no extension of time granted for defendants response; and Clerk of the Court is directed to serve a copy of pages 1 through 3 and pages 68 through 75 of the 25 amended complaint, a copy of plaintiffs 41 motion for preliminary injunctive relief, and a copy of this order on defendant Dr. Tate at California Correctional Institution and on Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, 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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VINCENTE SOLOMON,
Plaintiff,

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No. CIV S-10-2103 WBS GGH P

vs.
J. NEGRETE, et al.,
Defendants.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §

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1983. This court, by order, filed on June 21, 2011, found the amended complaint in the instant

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action appropriate for service as to thirteen defendants.1 Plaintiff has been unable to return the

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documents necessary for service due at least in part to inaction on the part of one or more prison

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officials, an issue that is dealt with in a separate order. On September 8, 2011, plaintiff filed a

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motion, which the court construes as a request for a preliminary injunction, asking the court to

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order that his pain medications be renewed. Plaintiff alleges that Dr. Tate, one of the named

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defendants, has abruptly cut him off from necessary pain medications for no medical reason,

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Nearly thirty other defendants and some claims against the remaining defendants have been
dismissed. See Order, filed on July 21, 2011, adopting Findings and Recommendations, filed on
June 21, 2011.
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essentially asserting that this action constitutes a form of a retaliation for plaintiff’s having filed

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the instant lawsuit.

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Accordingly, IT IS ORDERED that:

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1. Within fourteen days of the date of this order, defendant Dr. Tate must file a

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response to plaintiff’s motion, filed on September 8, 2011, construed as a motion for preliminary

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injunctive relief. There will be no extension of time granted for defendant’s response; and
2. The Clerk of the Court is directed to serve a copy of pages 1 through 3 and

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pages 68 through 752 of the amended complaint, filed on June 6, 2011 (docket # 25), a copy of

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plaintiff’s motion for preliminary injunctive relief, filed on September 8, 2011 (docket # 41), and

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a copy of this order on defendant Dr. Tate at California Correctional Institution / 24900

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California 202 / Tehachapi, CA 93561-5558 (P.O. Box 1031 / Tehachapi, CA 93581 Attn.: Dr.

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Tate) and on Monica Anderson, Supervising Deputy Attorney General.

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DATED: September 16, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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solo2103.ord6

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The court’s electronic pagination is referenced.
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