Craver v. Hasty et al

Filing 142

ORDER denying 140 Motion for his legal property signed by Magistrate Judge Kendall J. Newman on 08/11/15. (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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On August 5, 2015, plaintiff filed a notice of change of address stating that on July 31,

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2015, he was transferred from Pelican Bay State Prison (“PBSP”) to California State Prison-

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Sacramento (“CSP-Sac”). (ECF No. 140.) Plaintiff’s notice of change of address also includes a

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motion requesting that the PBSP officials be ordered to send plaintiff’s legal property to CSP-Sac.

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(Id.) Apparently, plaintiff arrived at CSP-Sac without his legal property.

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When a prisoner is transferred to a different prison, there is often a delay in his receipt of

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his property at the new prison. For this reason, plaintiff’s motion for a court order directing PBSP

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officials to provide him with his legal property is denied as premature. If plaintiff has still not

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received his legal property within fourteen days of the date of this order, he may refile his motion.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for his legal property

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(ECF No. 140) is denied without prejudice.

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Dated: August 11, 2015

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Cr1344.pro
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