O'Keefe v. Cate

Filing 95

ORDER signed by Magistrate Judge Kendall J. Newman on 9/25/2013 ORDERING the Clerk shall serve a copy of plaintiff's 93 motion for injunctive relief on counsel of record, Aldo S. Zilli, and Supervising Deputy Attorney General Monica N. Anderson; within 3 days, defendants shall file a status report addressing plaintiff's mental health status. (cc: Monica Anderson)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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No. 2: 11-cv-2659 KJM KJN P

Plaintiff,
v.

ORDER

JERRY BROWN, et al.,
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. On August 16, 2013, plaintiff filed a motion to stay this action on grounds

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that he is being temporarily housed at the California Health Care Facility for between three and

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nine months for mental health treatment and has no access to a law library. On September 18,

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2013, the court granted plaintiff’s motion to stay this action.

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On September 16, 2013, plaintiff filed a motion for injunctive relief. Plaintiff alleges that

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he is not receiving adequate mental health care at the California Health Care Facility. Plaintiff

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alleges that he can only receive mental health care for exhibitionism and voyeurism at either

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Atascadero State Mental Hospital or Coalinga State Hospital. Plaintiff alleges that he is suffering

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extreme mental and physical pain because he is not receiving the mental health treatment that has

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been recommended for years. Plaintiff alleges that “while in a normal sense, I’m not suicidal, I

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do know one thing for sure and that is if I thought for one second that I could do something that
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would guarantee 150% that a guard in control would shoot me I would do it.” Plaintiff further

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alleges that if he had a gun, he would blow his head off.

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The allegations in plaintiff’s motion for injunctive relief, set forth above, raise concerns

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regarding plaintiff’s mental health status. Accordingly, the Clerk of the Court is directed to serve

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a copy of plaintiff’s September 16, 2013 motion for injunctive relief on defense counsel, Deputy

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Attorney General Aldo S. Zilli, and Supervising Deputy Attorney General Monica N. Anderson.

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Defendants are directed to look into plaintiff’s allegations regarding his mental health status

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raised in the motion for injunctive relief. Within three days of the date of this order, defendants

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shall file a brief status report addressing plaintiff’s mental health status. Following receipt of this

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status report, the court will determine whether further action is required addressing plaintiff’s

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motion for injunctive relief.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk of the Court shall serve a copy of plaintiff’s September 16, 2013 motion for

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injunctive relief (ECF No. 93) on counsel of record, Deputy Attorney General Aldo S.

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Zilli, and Supervising Deputy Attorney General Monica N. Anderson;

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2. Within three days of the date of this order, defendants shall file a status report
addressing plaintiff’s mental health status.

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Dated: September 25, 2013

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okee2659.ord

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