Mills v. Virga et al

Filing 8

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/6/2012 ORDERING that within 21 days, plaintiff to SHOW CAUSE why the claims in the original complaint should not be screened out, or plaintff may file an amended complaint. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JOSHUA DANIEL MILLS,

11
12
13
14
15
16

Plaintiff,

No. CIV S-12-0166 KJM GGH P

vs.
TIM VIRGA, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner proceeding with retained counsel. He seeks relief

17

pursuant to 42 U.S.C. § 1983 and has paid the filing fee. This proceeding was referred to this

18

court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

19

Plaintiff states that he was transferred from California State Prison-Sacramento

20

(CSP-Sac) to Pelican Bay State Prison (PBSP), but his life is in danger at PBSP. Plaintiff seeks

21

to be transferred back to CSP-Sac. Plaintiff also states that staff at CSP-Sac took his prescription

22

sunglasses and as a result he has been unable to go outside as the sun causes migraine headaches.

23

Plaintiff seeks injunctive relief, a return to CSP-Sac and his sunglasses, and monetary damages.

24

However, the only named defendants are the Warden of CSP-Sac and the California Department

25

of Corrections. With respect to the transfer, plaintiff has failed to identify a defendant who can

26

provide relief as it does not appear the warden of CSP-Sac has the ability to order a transfer from
1

1

PBSP and the entity itself is not a proper defendant. With respect to the sunglasses claim,

2

plaintiff has failed to identify anyone who actually took the sunglasses.

3
4

Within twenty-one days, plaintiff shall show cause why the claims in the original
complaint should not be screened out, or plaintiff may file an amended complaint.

5

In accordance with the above, IT IS HEREBY ORDERED that within twenty-one

6

days, plaintiff shall show cause why the claims in the original complaint should not be screened

7

out, or plaintiff may file an amended complaint.

8

DATED: February 6, 2012

9
10

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
mill0166.osc

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2