Burgos v. Long et al

Filing 108

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/6/13 DENYING 104 Motion for the return of legal and personal property.(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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RICHARD MANUEL BURGOS,
Plaintiff,

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No. 2:10-cv-3274 GEB EFB P

vs.
ROBERT LONG, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This action proceeds on plaintiff’s claim that defendants were deliberately

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indifferent to his medical needs when they required him to work at a porter job, which he could

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not perform due to various medical ailments. In his February 6, 2013 filing, plaintiff states that

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his personal and legal property was packed up when he transferred to a new prison and requests

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that the court order that his property be returned to him. Plaintiff has not indicated whether he

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has completed the administrative process available at his institution with regard to this

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complaint. In addition, plaintiff was not facing a court deadline when he filed his request.

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Should any delay in the return of plaintiff’s legal property interfere with his ability to

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meet a court-imposed deadline in the future, plaintiff may request that the court grant him an

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extension of time, explaining why he has been unable to meet the deadline in the time provided.
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If plaintiff seeks additional time on the grounds he did not have adequate access to his property,

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he must indicate why he is unable to meet the deadline without that property, what specific

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requests he has made for access to that property, and how prison officials have responded to

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those requests.

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To the extent plaintiff seeks the return of his personal property, such claims cannot be

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adjudicated in this action, where they cannot be properly exhausted through the administrative

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appeals process. See McKinney v. Carey, 311 F.3d 1198, 1199-1201 (9th Cir. 2002) (per curiam)

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and Rhodes v. Robinson, 621 F.3d 1002, 1004-07 (9th Cir. 2010) (together holding that claims

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must be exhausted prior to the filing of the original or supplemental complaint); Jones v. Felker,

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No. CIV S-08-0096 KJM EFB P, 2011 U.S. Dist. LEXIS 13730, at *11-15 (E.D. Cal. Feb. 11,

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2011); Fed. R. Civ. P. 20(a)(2) (multiple defendants may be joined in an action only where the

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suit regards “the same transaction, occurrence, or series of transactions or occurrences” or “any

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question of law or fact common to all defendants”). Accordingly, plaintiff’s request for the

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return of his personal property must be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for the return of his

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legal and personal property (Dckt. No. 104) is denied.

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Dated: March 6, 2013.

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