White v. Smyers et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 05/10/13 ordering plaintiff's ex parte application for temporary restraing order 6 is denied as moot. Plaintiff's motion for extension of time 20 is granted. Plaintiff shall file an amended complaint on or before 07/10/13. No further extensions of time will be granted. (Plummer, 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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WALTER HOWARD WHITE,
Plaintiff,

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No. 2:12-cv-2868 MCE AC P

vs.
D. SMYERS, et al.,
Defendants.

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ORDER
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Plaintiff is a prisoner proceeding pro se who seeks relief pursuant to 42 U.S.C.

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§ 1983. Pending before the court is plaintiff’s ex parte motion for a temporary restraining order,

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in which he seeks an order directing defendants to provide him with a pillow to support his back

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and neck, a back brace, and a wheelchair.1 This motion was filed while plaintiff was housed at

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High Desert State Prison in Susanville, CA. Plaintiff has since been transferred to California

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Substance Abuse Treatment Facility in Corcoran, CA. See ECF No. 21. Plaintiff is advised that

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when an inmate seeks injunctive or declaratory relief concerning the prison where he is

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incarcerated, his claims for such relief become moot when he is no longer subjected to those

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Plaintiff’s ex parte application for temporary restraining order was initially reviewed on
December 13, 2012 and found improper as to a number of requests. See ECF No. 12.
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conditions. See Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 1365,

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1368–69 (9th Cir. 1995). Accordingly, plaintiff’s ex parte motion will be denied as moot.

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Additionally, the court previously directed defendants to respond to plaintiff’s ex parte motion.

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ECF No. 12. However, since defendants have not yet appeared in this action and since the court

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is now denying as moot plaintiff’s ex parte motion, the court vacates its directive to the

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defendants.

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Also pending is plaintiff’s motion for 90-day extension of time to file an amended
complaint. Good cause appearing, this request will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s ex parte application for temporary restraining order is denied as
moot; and

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2. Plaintiff’s motion for extension of time is granted. Plaintiff shall file an

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amended complaint on or before July 10, 2013. No further extensions of time will be granted.

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DATED: May 10, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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