Anderson v. Kelso, et al.

Filing 98

ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/2013 DENYING, without prejudice, plaintiff's 92 motion ; and the Clerk shall serve a copy of this order on plaintiff Samuel Anderson at CSP-LAC. (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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SAMUEL ANDERSON,

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Plaintiff,

No. 2:12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding through counsel. On October 15, 2012,

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plaintiff filed a motion to discharge counsel. Plaintiff disagrees with counsel’s proposed course

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of action herein. However, in his motion, plaintiff states that “if the present motions were

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denied, then and only then should a new course of action be taken.” (Dkt. No. 92 at 2.) The

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district court has since dismissed plaintiff’s claims against defendants Gower, Terry, Davis, Stati,

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Lopez, Tate, and Wagner, and denied plaintiff’s motion for injunctive relief. (Dkt. Nos. 96, 97.)

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Moreover, at the time plaintiff filed the instant complaint, plaintiff was housed at High Desert

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State Prison (“HDSP”), and his allegations pertain to his medical treatment at HDSP. Plaintiff’s

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recent pro se filing reflects that plaintiff has since been transferred to the California State Prison

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in Los Angeles County (“CSP-LAC”); thus, plaintiff’s current pain complaints will be addressed

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by medical personnel at CSP-LAC who are not named defendants in this action. As a general
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rule this court is unable to issue an order against individuals who are not parties to a suit pending

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before it. Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100 (1969).

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For all of these reasons, plaintiff’s motion to discharge appointed counsel is
denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 15, 2012 motion (dkt. no. 92) is denied without prejudice;

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and

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2. The Clerk of the Court shall serve a copy of this order on plaintiff Samuel
Anderson, V-84409, California State Prison, Los Angeles County, P.O. Box 8457, Lancaster,

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California 93539-8457.

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DATED: January 9, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ande0261.den

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