O'Keefe v. Cate

Filing 340

ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/2020 DEEMING RESOLVED the concerns raised by Plaintiff in his letter filed 9/10/2020. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY O’KEEFE, 12 13 14 15 No. 2: 11-cv-2659 KJM KJN P Plaintiff, v. ORDER JERRY BROWN, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On September 19, 2018 this action was dismissed pursuant to a settlement 19 agreement reached by the parties. 20 On September 10, 2020, plaintiff filed a letter with the court stating that he wants to file a 21 lawsuit regarding current mental health treatment he is receiving at the California Health Care 22 Facility (“CHCF”). (ECF No. 339.) Plaintiff requests that the court inform him whether a 23 lawsuit challenging his current mental health treatment will be barred by the settlement reached in 24 the instant action. (Id.) 25 Plaintiff is informed that the court does not give legal advice or preliminary rulings and 26 the undersigned cannot say whether a lawsuit regarding plaintiff’s current mental health treatment 27 may be barred by a settlement reached in the instant action. The court cannot make this 28 1 1 determination until it reviews plaintiff’s complaint.1 The court also cannot give plaintiff legal 2 advice regarding possible litigation. 3 Accordingly, IT IS HEREBY ORDERED that the concerns raised by plaintiff in his letter 4 filed September 10, 2020 are deemed resolved. 5 Dated: September 16, 2020 6 7 8 9 Oke2659.ord 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Before filing another civil rights action, plaintiff may raise his concerns regarding his current mental health treatment with his CHCF counselor, CHCF mental health staff and/or defense counsel in the instant action. 2

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