Turner v. Cates et al

Filing 31

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/15/2012 ORDERING that plaintiff's 30 "notice for injunction" is VACATED from the court's calendar forthwith. (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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ANTHONY R. TURNER,

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Plaintiff,

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No. CIV S-11-1690 WBS GGH P

vs.
MATTHEW CATES, et al.,

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Defendants.

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

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filed pursuant to 42 U.S.C. § 1983. Plaintiff, who is presently incarcerated at California State

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Prison-Corcoran, is proceeding against two defendants, Corr. Lt. W.D. Dobbe III1 and D. Casey,

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for alleged excessive force against plaintiff while he was incarcerated at Deuel Vocational

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Institution (DVI). An order directing service of process upon those defendants was filed on

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March 22, 2012, and no defendant has yet appeared.

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Plaintiff has filed a “notice for injunction,” alleging that not only he but members

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of his family are in imminent danger from a judge, police, federal strike teams and more. See

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docket # 30. Very little of the filing is coherent. Plaintiff makes wildly insupportable claims that

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

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appear to the be the product of wholesale delusion. At first he contends that he is being held

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hostage at Corcoran past his parole/“state amnesty pardon release date.” Id. at 1. He then claims

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to be in the middle of a four-way contract among officials to take his life at Corcoran. Id.

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Further, plaintiff says that eleven of his family members have been taken from his residence “by

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kidnap, murder, assault, rape, sodomy, molestation, mayh[e]m” and transported by helicopter “to

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Corcoran Prison’s A.C.H. Cremation Hospital,” where “serial killing murders of [plaintiff’s]

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female family members” has continued. Id. at 2. Plaintiff claims that all this havoc is occurring

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in retaliation for plaintiff’s having filed two “charging complaints”... . Id.

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In an earlier order, filed on March 14, 2012, the court addressed plaintiff’s prior

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“wide-sweeping allegations” of threats of murder or severe injury by Corcoran prison employees,

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“federal strike teams” and others for which plaintiff similarly provided no supporting evidence.

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See Order, filed at docket # 26. Plaintiff has therefore been previously informed that this court

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has no jurisdiction over plaintiff’s claims against the DVI defendants named in this action and

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that if plaintiff believes himself to be in imminent danger at Corcoran State Prison at the hands of

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that prison’s employees, he might file a civil rights action in the Fresno Division of the California

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Eastern District Court. Id. The court noted that it was apparent that plaintiff must be aware of

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how to proceed on any claims against individuals employed at Corcoran State Prison as he

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referred the court to cases he had previously evidently filed in the Fresno Division.

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The unsupported claims in the present filing are even more histrionic than his

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prior statements. This court is far too burdened to address patently baseless claims and plaintiff

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is cautioned that any such future filings may well result in sanctions being imposed upon him.

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Accordingly, IT IS ORDERED that plaintiff’s “notice for injunction,” filed on

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May 7, 2012 (docket # 30), is to be vacated from the court’s calendar forthwith.

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DATED: May 15, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009 - turn1690.ord

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