Armstrong v. Garcia, et al

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 3/1/2012 DENYING plaintiff's 31 motion regarding the allleged tampering of his legal mail. (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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BRADY K. ARMSTRONG,

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Plaintiff,

No. 2: 11-cv-0965 GEB KJN P

vs.
SILVIA GARCIA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s December 29, 2011 motion

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requesting that the court order prison officials at California State Prison-Corcoran (“Corcoran”)

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to stop tampering with plaintiff’s legal mail. Plaintiff alleges that on one occasion, his outgoing

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legal mail was allegedly tampered with.

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This action is proceeding on the amended complaint filed October 19, 2011 as to

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defendants Gillette, Barton, Callison, Dial, Roche, Rohfling, Davey, Mangis, Leo and James.

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All defendants are located at High Desert State Prison (“HDSP”).

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In the pending motion, plaintiff is requesting that the court issue orders directed to

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prison officials at Corcoran. No defendants are located at Corcoran. This court is unable to

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issue an order against individuals who are not parties to a suit pending before it. See Zenith
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Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion regarding the

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alleged tampering with his legal mail (Dkt. No. 31) is denied.

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DATED: March 1, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arm965.ord

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