Craver v. Hasty et al

Filing 109

ORDER signed by Magistrate Judge Kendall J. Newman on 06/24/14 ordering that within 10 days of the date of this order, the Warden of Lancaster shall file a status report addressing the claims in plaintiff's pending motion for federal protection . The clerk of the court is directed to serve a copy of this order and plaintiff's motion for federal protection 108 on the Warden of Lancaster, California State Prison-Lancaster, P.O. Box 4430, Lancaster, CA 93539-4430. The clerk of the court is directed to serve a copy of this order and plaintiff's motion for federal protection 108 on Supervising, Deputy Attorney General, Monica Anderson. (cc: Monica Anderson, AG). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE CRAVER,

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No. 2: 11-cv-1344 TLN KJN P

Plaintiff,

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v.

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J. HASTY, et al.,

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ORDER

Defendants.

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

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to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable Troy L. Nunley on

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September 28, 2015.

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Pending before the court is plaintiff’s June 18, 2014 motion for federal protection. (ECF

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No. 108.) Plaintiff, who is currently housed at California State Prison-Lancaster (“Lancaster”)

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alleges that Correctional Officer Polwart placed a “hit” on plaintiff by telling the inmate general

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population that plaintiff is a snitch. Plaintiff alleges that Correctional Officer Polwart paid six

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inmates, with chewing tobacco and cell phones, to stab and beat plaintiff. Plaintiff identifies four

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of these inmates by name and number. Plaintiff alleges that the “hit” was taken out in retaliation

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for plaintiff’s pursuit of the instant action.

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Plaintiff alleges that he is currently housed in the prison medical hospital on suicide
watch. Plaintiff alleges that he was placed on suicide watch as an emergency method to remove
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him from the general population for safety reasons.
No defendants are located at Lancaster. Usually, persons or entities not parties to an

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action are not subject to orders for injunctive relief. Zenith v. Radio Corp. v. Hazeltine Research,

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Inc., 395 U.S. 100 (1969). However, the fact that one is not a party does not automatically

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preclude the court from acting. The All Writs Act, 28 U.S.C. § 1651(a), permits the court to issue

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writs “necessary and appropriate in aid of their jurisdiction and agreeable to the usages and

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principles of law.” See generally S.E.C. v. G.C. George Securities, Inc., 637 F.2d 685 (9th Cir.

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1981); United States v. New York Telephone Co., 434 U.S. 159 (1977). This section does not

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grant the court plenary power to act in any way it wishes; rather, the All Writs Act is meant to aid

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the court in the exercise and preservation of its jurisdiction. Plum Creek Lumber Company v.

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Hutton, 608 F.2d 1283, 1289 (9th Cir. 1979).

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The court has previously directed the Warden of Lancaster to respond to a request for

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emergency injunctive relief filed by plaintiff. (ECF No. 76). In that motion, plaintiff alleged that

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Facility Captain Pfeil made comments at a classification committee hearing suggesting that he

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would place an inmate in plaintiff’s cell who would kill plaintiff. (ECF No. 74.) After reviewing

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the Warden’s response (ECF No. 77), the undersigned recommended that plaintiff’s motion for

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emergency injunctive relief be denied. (ECF No. 78.) On December 30, 2013, the Honorable

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Troy L. Nunley adopted the findings and recommendations. (ECF No. 87.)

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The court is concerned that it may lose jurisdiction of this action if plaintiff is unable to

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prosecute this action due to harassment by prison officials at Lancaster. Due to the serious nature

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of plaintiff’s claims in his pending motion, the Warden of Lancaster is directed to file a status

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report addressing these claims.

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Accordingly, IT IS HEREBY ORDERED that:

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Within ten days of the date of this order, the Warden of Lancaster shall file a status

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report addressing the claims in plaintiff’s pending motion for federal protection;

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2. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s motion

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for federal protection (ECF No. 108) on the Warden of Lancaster, California State

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Prison-Lancaster. P.O. Box 4430, Lancaster, California, 93539-4430;
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3. The Clerk of the Court is directed to serve a copy of this order and plaintiff’s motion

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for federal protection (ECF No. 108) on Supervising Deputy Attorney General Monica

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Anderson.

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Dated: June 24, 2014

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Cr1344.alw

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