Turner v. Cates et al

Filing 26

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/13/12 ORDERING that 25 Motion for court intervention to order defendants or Corcoran personnel to provide copies of his complaint is DENIED as moot. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ANTHONY R. TURNER,

11

Plaintiff,

12
13

No. CIV S-11-1690 WBS GGH P

vs.
MATTHEW CATES, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action

17

filed pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding against two defendants, Corr. Lt.

18

W.D. Dobbe III1 and defendant D. Casey, for alleged excessive force against plaintiff while he

19

was incarcerated at Deuel Vocational Institution (DVI). Those defendants have yet to be served,

20

but an order will shortly be filed directing service of process upon those defendants, plaintiff

21

having submitted the appropriate documents for service by a filing dated March 7, 2012. In a

22

simultaneous filing, plaintiff has brought a “motion for court’s intervention and assistance...,”

23

seeking to have the court order copies of his complaint from the defendants (even though they

24

have not been served) and alleging that he has experienced interference in obtaining copies at

25
1

26

Plaintiff has also identified this defendant as Lt. Dobbe, Jr. See Complaint at docket #

1.
1

1

California State Prison-Corcoran (CSP-C) from Corcoran personnel. However, as noted, the

2

court has been provided the appropriate documents for service. Therefore, the motion is denied

3

as moot.

4

Plaintiff goes on to make wide-sweeping allegations that he is being threatened

5

with murder or severe injury by Corcoran prison employees as well as by “Federal Strike

6

Teams.” See docket # 25, p. 2. Plaintiff contends that he has “even been threatened by Fed.

7

Parole Officers and Law Enforcement from Folsom” with being “cremate[d] [] and murder[ed] []

8

at A.C.H. Medical Protective Housing Unit in Corcoran Prison Hospital.” Id. He references a

9

September 23, 2011 parole discharge date and an October 17, 2011 federal parole release date

10

and generally proceeds with arguably histrionic claims that he is in “imminent peril” for which

11

assertion he has provided no supporting evidence. Id., at 2-5. This court has jurisdiction over

12

plaintiff’s claims against the defendants named in this action at DVI. If plaintiff believes he is in

13

imminent danger at Corcoran State Prison at the hands of that prison’s employees, he may file a

14

civil rights action in the Fresno Division of the California Eastern District Court. As plaintiff

15

asks this court to refer to cases he has apparently filed in the Fresno division, it is apparent that

16

plaintiff must be aware of how to proceed on any claims against individuals employed at

17

Corcoran State Prison.

18

Accordingly, IT IS ORDERED that plaintiff’s motion for court intervention to

19

order defendants or Corcoran personnel to provide copies of his complaint, filed on March 7,

20

2012 (docket # 25), is denied as moot.

21

DATED: March 13, 2012

22
23
24
25
26

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
turn1690.mtn