Solomon v. Negrete et al

Filing 92

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING that, by their 88 , 89 response, defendants have satisfactorily DISCHARGED the 4/23/12 court's order, and plaintiff's complaints regarding having been or being hindered or obstructed in the prosecution of this action have not been substantiated.(Yin, 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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VINCENTE SOLOMON,
Plaintiff,

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No. CIV S-10-2103 WBS GGH P

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

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. By order filed on April 23, 2012, defendants were ordered to respond, within fourteen

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days, to plaintiff’s complaints about being obstructed from prosecuting his case, i.e., alleging,

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inter alia, that he is being deprived of his legal property and supplies. In a response filed on May

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7, 2012 (docket # 88), by defendants Barajas, Campbell, Franco, Garcia, Hazelton (aka Torres),

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Lundy, Medrano, Norgaard, Prior, Stallcup, Vasquez and Wright, joined on the same day by

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defendant Tate (# 89), defendants aver that on April 17, 2012, plaintiff’s property, including his

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legal property was returned to him. Defendants have produced documentation to show that

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plaintiff, who was housed in the Facility 4B Security Housing Unit (SHU) at California

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Correctional Institution (CCI) was moved Facility 4A SHU on April 4, 2012, because Licensed

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Vocational Nurse Hibbard, whom plaintiff had allegedly threatened to kill, was assigned to 4B.
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Response at # 88, p. 2 & Exhibits A, 1 (copy of plaintiff’s inmate property inventory, dated

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4/4/12); B, 1 (copy of request by CCI 4A Sgt. P. Marquez to move plaintiff due to his having

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charged with threatening LVN Hibbard)
Plaintiff, along with other SHU inmates, was temporarily placed in the

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administrative segregation unit (ASU) due to a lack of bed space in the SHU, according to

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defendants. Resp. (# 88), p. 2. Defendants contend that plaintiff, who has a history of disruptive

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behavior, became agitated and threatened to force a cell extraction if not placed in a SHU

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building. Id. Thus, he was placed on management cell status (MCS), a protocol followed

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wherein a disruptive or unpredictable inmate is placed on single-cell status and supplied with a

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mattress (which rests on the floor), blanket and limited clothing. Id. Any other property of an

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inmate on MCS is stored until such time as he is taken off of it. Id. While plaintiff was on

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MCS, he received his medication, showers, food, was provided with legal materials, including

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copies, paper, envelopes and research material, and was interviewed, regarding a pending 602

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inmate appeal. Id., & Exs. C, 1-2 (record of daily activity for plaintiff from 4/1/12 through

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4/16/11) ; D, 1-2 (plaintiff’s medication administration record from 4/1/12 through 5/1/12); E

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(plaintiff’s inmate legal library request forms dated 4/3/12, 4/10/12, 4/18/12, 4/25/12, showing

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plaintiff was provided copies regarding various of his pending cases).
Plaintiff continued on MCS until April 17, 2012, when he was moved to Building

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1, a SHU building, whereupon his property was returned to him. Resp. (# 88), p. 2 & Ex. A, 2

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(inventory of plaintiff’s property dated 4/17/12). Defendants showing has discharged the court’s

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order and plaintiff’s claims regarding being obstructed in pursuing his claims have not been

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confirmed. To the extent plaintiff has been subjected to any period of limited access to his legal

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property it appears to have been as a result of plaintiff’s own misconduct.
Accordingly, IT IS ORDERED that, by their response at docket # 88 & # 89,

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defendants have satisfactorily discharged the court’s order, filed on April 23, 2012 (docket # 85),

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and plaintiff’s complaints regarding having been or being hindered or obstructed in the

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prosecution of this action have not been substantiated.

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DATED: May 31, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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solo2103.ord

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