Burke v. Prezler-Riley et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/11 ORDERING that defendants are granted 21 days from the date of this order to respond to plaintiffs request for injunctive relief; Clerk of the Court is directed to serve this order on Supervising Deputy Attorney General Monica Anderson. (cc Monica Anderson)(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY BURKE,

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Plaintiff,

No. 2: 11-cv-2550 KJN P

vs.
MS. PREZLER-RILEY, et al.,
Defendants.

ORDER
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Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff alleges that $1000 was deducted from his Trust Fund

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Account and sent to Elizabeth Roberts. Plaintiff alleges that he does not know Elizabeth Roberts

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and did not authorize the Trust Withdrawal.

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A copy of the Trust Withdrawal Order is attached as an exhibit to plaintiff’s

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complaint. Plaintiff alleges that the prison official who allegedly signed the form and approved

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the withdrawal, M. Taylor, has since informed plaintiff that he did not sign the form. Plaintiff’s

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signature on this form also does not appear to match plaintiff’s signature on the complaint.

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As relief, plaintiff seeks a refund of the $1000 withdrawn from his trust account

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and the $350 filing fee for this action. The undersigned construes plaintiff’s request for relief as

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a request for injunctive relief. Defendants are granted twenty-one days from the date of this
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order to respond to plaintiff’s request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants are granted twenty-one days from the date of this order to respond

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to plaintiff’s request for injunctive relief;

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2. The Clerk of the Court is directed to serve this order on Supervising Deputy

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Attorney General Monica Anderson.

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DATED: October 4, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bu2550.pi

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